Should the case be dismissed if the summons was improperly served?

Facts: The sheriff improperly served the summons on defendant. Defendant filed a motion to dismiss on the ground that the court has no jurisdiction over his person.

Ruling: The case should not be dismissed simply because an original summons was wrongfully served. The correct procedure is to order that an alias summons be served to the defendant. The rationale: It was not the fault of the plaintiff but of the sheriff. The sheriff is not the agent of the plaintiff but of the court. It would be a great injustice to the plaintiff to dismiss the complaint and require him to file a new complaint and thus, incur further expenses (Linger & Fisher GMBH vs. Intermediate Appellate Court, 125 SCRA 527 [1983])