A.M. No. P-00-1436. February 19, 2001. ELPIDIO P. DE LA VICTORIA AND PO1 TEMISTOCLES R. AMBOS, JR., complainants, vs. INTERPRETER HELEN B. MONGAYA and PROCESS SERVER NELSON C. MANLOSA (MTCC-BRANCH 4, CEBU CITY), respondents.
FACTS

Complainants, members of the Bantay Dagat Task Force, inquired about the status of a criminal case they filed. They alleged that respondent Interpreter Helen Mongaya deliberately withheld information about an issued subpoena for prosecution witnesses. Subsequently, respondent Process Server Nelson Manlosa attempted to serve the subpoena at the Bantay Dagat office in Pasil, Cebu City. He returned it “unserved,” noting that the witnesses were assigned in Talisay. This alleged failure in service contributed to the witnesses’ non-appearance and the eventual dismissal of the criminal case for non-prosequitur. An administrative complaint was filed against both respondents.
The Office of the Court Administrator (OCA) recommended dismissing the charge against Mongaya for lack of merit. However, it found Manlosa administratively liable and recommended a three-month suspension. The case was elevated to the Supreme Court for final adjudication.

ISSUE

Whether respondents Helen B. Mongaya and Nelson C. Manlosa are administratively liable for their actions related to the service of the subpoena and the dismissal of the criminal case.

RULING

The Court dismissed the charge against Interpreter Helen Mongaya for lack of merit. The records failed to substantiate the claim that she deliberately concealed information, as court records are public documents accessible to any interested party.
The Court found Process Server Nelson Manlosa guilty of Simple Neglect of Duty, not a violation of the Anti-Graft Act. The legal logic is anchored on the nature of his failure. As a process server, Manlosa had a duty to exercise diligence in serving court processes. His act of noting the subpoena as “unserved” based on unverified information that the witnesses were in Talisay, without making earnest efforts to verify this claim or ascertain their actual whereabouts, constituted a failure to meet the standard of care required of his position. This neglect, while not amounting to gross inexcusable negligence or bad faith under graft charges, was a breach of his official duties. Simple Neglect of Duty is a less grave offense under civil service rules.
Considering the nature of the offense and its effects on the service, the Court modified the OCA’s recommended penalty. Instead of a three-month suspension, the Court imposed a penalty of suspension for one (1) month without pay upon Nelson C. Manlosa, with a stern warning against repetition.