FERMIN ACOSTA, COMPLAINANT, VS. RUBEN MAGTOTO, DEPUTY SHERIFF, CFI, MALOLOS, BULACAN, RESPONDENT.

In a sworn letter complaint dated October 8, 1974, com­plainant Fermin G. Acosta charged respondent Ruben Magtoto, Deputy Sheriff of the Court of First Instance of Bulacan, with negligence in the performance of duty by his failure to serve the summons
and complaint on the defendant in Civil Case No. 4522-F entitled “BRIGIDA
GATCHALIAN, et al., vs. IRINEO CARREON” allegedly resulting in the
“unnecessary delay in the proceedings of the case for more or less two (2)
months.”^[1]
It is alleged that service of said summons and complaint was not even at­tempted
and no valid reason has been given by respondent for his omission or failure to
do so.

According to the complaint, copies of the summons and complaint
in Civil Case No. 4522-F were furnished the Sheriff’s Office of the Province of
Bulacan on August 12, 1974 for service upon the
defendant and the herein respondent Ruben Magtoto was
the deputy assigned to effect said service; that from August 12, 1974 up to
October 4, 1974, no return had been made by the Sheriff’s Office; and that the
Provincial Sheriff of Bulacan, as a result of this
complaint, directed respondent to explain.^[2]

In his answer dated October 31, 1974, the respondent alleged that
he was given the summons for service upon defendant Irineo
Carreon in Civil Case No. 4522-M on August 21, 1974;
that two weeks thereafter he went to Bambang, Bulacan, Bulacan, to serve the
summons but on that occasion the house of defendant was closed and there was
nobody to receive said summons and the copy of the complaint attached thereto;
that again on October 5, 1974, he went to the same place to accomplish his
assignment and this time he was able to serve the summons upon the son of
defendant, a Mr. Jacinto Carreon; and that there was
delay in serving
the summons because of the volume of work given to him and that besides his
work in the Office of the Provincial Sheriff, he is also assigned to serve all processess of Branch II of the Court of First Instance of Bulacan.^[3]

It is quite clear from the answer of the respondent that there is
substantial truth in the complaint lodged by com­plainant.  The respondent admits his failure to perform
his duty on time.  He only pleads certain
circumstances to explain or mitigate his remission.  There appears no reason to conduct a time-consuming
investigation of the matter.

The explanation of the respondent deputy sheriff is not
satisfactory.  He made the first attempt
to serve the summons two weeks after the service thereof was assigned to him on August 21, 1974. 
The respondent went back to serve the summons only on October 5, 1974,
about one month from the first time he went to the house of the defendant in
Civil Case No. 4522-M.  This
lackadaisical attitude of the respondent is not conducive to an efficient
administration of justice.

WHEREFORE, the respondent, Ruben Magtoto,
Deputy Sheriff of Bulacan
Province, is hereby reprimanded
with a warning that a repetition of the same failure to perform his duty on
time will be dealt with severely.

SO ORDERED.

Teehankee, (Chairman), Makasiar, Muñoz Palma, Martin, and Guerrero, JJ., concur.

^[1]
Sworn letter-complaint of Fermin G. Acosta, p.1, Adm.
Matter No. P-319 Folder;

^[2]
Memorandum of Provincial Sheriff Flor F. Resurreccion, dated October 31, 1974, Folder, p. 5;

^[3]
Answer to Memorandum of Provincial Sheriff, Folder, p. 6;