Due to improper service of summons, the Supreme Court has nullified the forfeiture cases filed by the Office of the Ombudsman against the wife and three sons of detained retired Maj. Gen. Carlos F. Garcia being heard by the Fourth Division of the Sandiganbayan.

In a decision written by Associate Justice Presbitero J. Velasco Jr., the Third Division of the SC said by its failure to comply with the rules on the valid service of summons, the anti-graft court lost jurisdiction over Clarita Depakakibo-Garcia and her three sons — Ian Carl, Juan Paulo and Timothy Mark who were charged with plunder along with her husband for amassing illegal wealth valued at P303 million allegedly while he sat as Comptroller of the Armed Forces.

Since the Garcias were similarly charged, the Sandiganbayan Sheriff gave copies of the summons for Clarita et al to the custodian of the PNP Detention center who in turn handed them over to Gen. Garcia.

Garcia received the summons but wrote a qualifying note on the return that his receipt of the summons for his wife and sons does not guarantee that it would be served on his co-accused.

These substituted service of summons, the High Court said were invalid for being irregular and defective.

Under the rules, substituted service is valid only if the sheriff can show that prompt service is not possible within a reasonable time and that he made earnest attempts at least three times to serve the summons personally.

Second, the Sheriff must likewise describe in the return of summons the facts and circumstances surrounding the attempted personal service. These, the sheriff failed to