Sunday, March 8, 2015

Process server - A.M. No. P-06-2109

See - A.M. No. P-06-2109





"x x x.

According to the Manual for Clerks of Court, the process server —

x x x serves court processes such as subpoena, subpoena duces tecum, summons, court order and notices; prepares and submits returns of service of court process; monitors messages and/or delivers court mail matters received and dispatched by him; and performs such other duties as may be assigned to him.23

The role of the process server is indispensable in the machinery of the justice system, where the constitutional mandate of the speedy disposition of cases entails an efficient means of communication between the courts and the litigants. Due to respondent’s failure to observe his duties diligently, the trial court encountered problems in the service of its court processes, the most obvious consequence of which is the delay in the progress of cases. Complainant’s evidence adequately established that proceedings in several cases heard before the trial court, such as hearings for the taking of witnesses’ testimony and for promulgation of judgment, were postponed because the parties did not appear for lack of notice.

Respondent needs reminding that the conduct of every employee of the judiciary is circumscribed with the heavy burden of responsibility.24 The public expect judicial personnel to be living examples of uprightness in the performance of official duties, and to preserve at all times the good name and standing of the courts in the community.25 Here, respondent failed to live up to the high standards of dedication and efficiency that the public expect from occupants of his office.26
x x x."