Facts:

In the case of Fermin Acosta vs. Ruben Magtoto, Docket No. Adm. Matter No. P-319, the complainant, Fermin G. Acosta, lodged a sworn letter complaint on October 8, 1974, against respondent Ruben Magtoto, who served as the Deputy Sheriff of the Court of First Instance in Malolos, Bulacan. Acosta accused Magtoto of negligence in his duties, specifically for failing to serve a summons and complaint to the defendant in Civil Case No. 4522-F, which was entitled Brigida Gatchalian, et al. vs. Irineo Carreon. According to Acosta's account, on August 12, 1974, the copies of the summons and the complaint were given to the Sheriff’s Office of Bulacan for service on defendant Irineo Carreon, with Magtoto tasked to handle this duty. However, Acosta claimed that there was no attempt to serve the documents from August 12 to October 4, 1974, and no valid explanation was provided by Magtoto for this delay, which resulted in an unnecessary two-month postponement of the case proceedings. Subse

Facts:

1. Complaint Filed: Fermin G. Acosta filed a sworn letter complaint on October 8, 1974, against Ruben Magtoto, Deputy Sheriff of the Court of First Instance (CFI) of Bulacan, for negligence in the performance of his duties.
2. Allegation of Negligence: Acosta alleged that Magtoto failed to serve the summons and complaint in Civil Case No. 4522-F, entitled "Brigida Gatchalian, et al. vs. Irineo Carreon," resulting in a delay of approximately two months in the proceedings.
3. Assignment of Service: The summons and complaint were furnished to the Sheriff's Office of Bulacan on August 12, 1974, and Magtoto was assigned to serve them.
4. Failure to Serve: From August 12, 1974, to October 4, 1974, no return of service was made. The Provincial Sheriff of Bulacan directed Magtoto to explain the delay.
5. Respondent's Explanation: Magtoto claimed that he received the summons on August 21, 1974, and attempted service two weeks later but found the defendant's house closed. He finally served the summons on October 5, 1974, by delivering it to the defendant's son, Jacinto Carreon.
6. Reasons for Delay: Magtoto cited his heavy workload, including assignments from both the Provincial Sheriff's Office and Branch II of the CFI of Bulacan, as reasons for the delay.

Issue:

1. Whether Ruben Magtoto, Deputy Sheriff, was negligent in the performance of his duties by failing to serve the summons and complaint in a timely manner.
2. Whether the reasons provided by Magtoto for the delay were sufficient to justify his failure to perform his duties promptly.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)