JUDGE ABRAHAM PRINCIPE, PETITIONER, VS. ROMEO R. FLORENDO – DEPUTY SHERIFF, RESPONDENT.

Respondent Romeo R. Florendo, Deputy Sheriff, RTC, Baguio City, is charged with delay in
the service of summons.

The complaint was investigated by the Honorable Clarence J.
Villanueva, Executive Judge, RTC, 1st Judicial Region, Baguio City. In his Report and Recommendation dated
September 24, 1993, Judge Villanueva made the following factual findings, viz:

“It appears that on January 16, 1991, summons was issued in
Special Proceedings Case No. 4234 entitled “Jesus Adarme and Jed Arisdan
Adarme vs. Dr. Edwin Adarme” for Support, pending at Regional Trial Court, Branch 2, Tuguegarao, Cagayan,
presided by complainant Judge Abraham Y. Principe; said summons was sent to the
City Sheriff of Baguio City for service, it appearing that the defendant Dr.
Edwin Adarme was a resident of the Baguio General Hospital at Baguio City. The said summons was assigned to Deputy
Sheriff Romeo R. Florendo (the herein respondent) who actually signed for it in
the log book of the City Sheriff on January 28, 1991. On March 25, 1993, Judge Principe issued an Order requiring the
City Sheriff of Baguio City to explain the unwarranted and unreasonable delay
in making the return of the summons in Special Proceedings Case No. 4234. In his Explanation dated April 6, 1993,
respondent Deputy Sheriff admitted having received the summons but that
he handed the said summons to his fellow sheriff Crisanto T. Flora, also of the
Office of the Clerk of Court, RTC, Baguio City for service as he had to
accompany his brother to the Makati Medical Center for a brain scan. From February 28, 1991 until the time when
he received the Court Order dated March 25, 1993, respondent never inquired
from his fellow sheriff whether the summons was ever served, so that it was
only after a period of more than two (2) years that he inquired from his fellow
sheriff about the summons in question. Deputy Sheriff Crisanto T. Flora whom respondent Florendo pointed as the
fellow sheriff to whom he handed the summons for service was then directed to
appear before the investigation body for questioning. In his testimony, Deputy Sheriff Flora averred that he can no
longer remember if the summons in question was ever served by him, and since
there was no follow up or complaint for a long time, he presumed that said
summons was served. However, when asked
whether he remembers having been requested by respondent Florendo to serve the
summons issued in Special Proceedings Case No. 4234, Deputy Sheriff Flora could
not give a categorical answer although he said that in the past, respondent
Florendo have (sic) asked him to serve court processes.”

These findings are supported by evidence
and We adopt the same.

The facts show neglect in the performance of duty on the part of
respondent sheriff. He failed to serve
the summons in Sp. Proceedings Case No. 4234 for more than two (2) years. His failure cannot be justified by the
excuse that on January 28, 1991 when the summons was assigned to him, he had to
accompany his brother to the Makati Medical Center for a brain scan and had to
request that it be served by his fellow sheriff, Crisanto Flora. Respondent sheriff then utterly neglected
for two (2) years to inquire from sheriff Flora whether said summons had been
served. Certainly, two (2) years is too
long a time for respondent sheriff to claim confusion due to the sickness of
his brother to justify his neglect. The
omission of respondent sheriff delayed the disposition of Sp. Proc. Case No.
4234 to the prejudice of the right of the parties therein to speedy
justice. Respondent sheriff cannot
escape liability which, however, should be mitigated considering that the
offense appears to be his first.

IN VIEW WHEREOF, the respondent deputy sheriff Romeo R.
Florendo of the Office of the Clerk of Court, RTC, Baguio City is suspended
from office for fifteen (15) days without pay, effective upon receipt of this
Resolution.

SO ORDERED.

Narvasa, C.J., (Chairman), Regalado, and Nocon, JJ., concur.

Padilla, J., on leave.