VICTOR CHAN, COMPLAINANT, VS. ISABELO P. CASTILLO, DEPUTY SHERIFF, REGIONAL TRIAL COURT, BRANCH 12, SANCHEZ MIRA, CAGAYAN, RESPONDENT.

This is an administrative complaint filed against Deputy Sheriff
Isabelo P. Castillo of the Regional Trial Court, Branch 12, Sanchez Mira, Cagayan
for his failure to serve and make a return of the summons to Civil Case No. 10175 before the Regional Trial
Court, Branch 16, Laoag City.

I

Sometime in December 1992, complainant instituted an action
against Atty. Carlos Sagucio, a resident of Sanchez Mira, Cagayan, with the Regional Trial Court, Branch 16, Laoag City and
docketed as Civil Case No. 10175.

The summons was sent by mail to the sheriff of the Regional Trial
Court, Branch 12, Sanchez Mira, Cagayan, to be served on the defendant in Civil
Case No. 10175. It was received in
Sanchez Mira about the third week of December 1992 and found its way on the
office table of respondent.

As the case had not been set for pre-trial conference after the
lapse of 15 months, on Match 14, 1994, complainant inquired from the clerk of
court of the Regional Trial Court, Branch 16, Laoag City if summons had already
been served (Rollo, p. 13). The clerk
of court confirmed that summons was mailed for service to the sheriff of the
Regional Trial Court, Branch 12, Sanchez Mira, Cagayan with the corresponding
sheriff’s fee of P100.00 through postal money
order. However, the return card of the
mail containing the summons had not been received; neither had the sheriff
submitted his return (Rollo, p. 14).

On May 3, 1994, complainant filed the instant complaint, alleging
that respondent and Atty. Sagucio were in connivance to avoid the service of
summons to the latter (Rollo, p. 12).

In his comment, respondent claimed that about the third week of
December 1992, somebody placed the copy of the summons on top of his desk. He repeatedly tried to serve the same but to
no avail because Atty. Sagucio was in Manila and later went abroad.

Respondent attributed his failure to serve the summons to the
absence of Atty. Sagucio and the lack of information regarding the possible
return of Atty. Sagucio. In the
meantime, he “lost interest xxx in inquiring time and again” when
Atty. Sagucio would return from abroad (Rollo, p. 4). Subsequently, repairs were done in his office and in the process
respondent lost the summons. He was
only reminded thereof when he learned of the instant complaint, prompting him
to serve the summons on June 20, 1994 (Rollo, p. 8).

II

Respondent’s behavior constitutes gross negligence to the great
prejudice of the orderly administration of justice. He was utterly remiss in the performance of a ministerial duty of
serving the summons. His excuse that
Atty. Sagucio was always out of town is not tenable for the law allows
substituted service. We cite Section 8,
Rule 14 of the Revised Rules of Court, which provides:

Substituted service. – If the defendant
cannot be served within a reasonable time as provided in the preceding section,
service may be effected (a) by leaving copies of the summons at the defendant’s
dwelling house or residence with some person of suitable age and discretion
residing therein, or (b) by leaving the copies at defendant’s office or regular
place of business with some competent person in charge thereof.

Moreover, Section 6 thereof mandates the server, in this case
respondent, to make a return. In both
instances, respondent neglected to observe the fundamental rules.

Every officer or employee in the Judiciary is duty bound to obey
the orders and processes of the court without the least delay (Pascual v.
Duncan, 216 SCRA 786 [1992]), and to exercise at all times a high degree of
professionalism in the performance of his duties.

WHEREFORE, respondent is FINED P5,000.00 for gross neglect
of duty and conduct prejudicial to the best interest of the service, payable
within thirty (30) days from receipt hereof, with a WARNING that a repetition
of the same or of acts calling for disciplinary action will be dealt with more
severely.

SO ORDERED.

Padilla, (Chairman), Davide, Jr., Bellosillo, and Kapunan, JJ., concur.