ADMINISTRATIVE
CIRCULAR NO. 2 [1978]
TO:
THE
PRESIDING JUSTICE AND ASSOCIATE JUSTICES OF THE COURT OF APPEALS, ALL
JUDGES
OF THE CFI, CCC, JDRC, CAR, CITY COURTS AND MUNICIPAL COURTS OF THE
CAPITALS
OF PROVINCES, CLERKS OF COURT OF THE COURT OF APPEALS, CLERKS OF COURT,
BRANCH AND DEPUTY CLERKS OF COURT AND COURT STENOGRAPHERS
SUBJECT
: TRANSMISSION
OF TRANSCRIPTS OF STENOGRAPHIC NOTES TO APPELLATE COURTS.
It has been
reported
that very many of the cases now before the Court of Appeals cannot be
acted
upon for a very simple reason: the stenographic notes involved are
still
in the lower court, usually not yet transcribed.cralaw:red
Therefore,
in the
interest of the administration of justice and for speedy disposition of
cases on appeal, the following guidelines are hereby adopted for
compliance
by all concerned:chanrobles virtual law library
[1] All
stenographers
are required to transcribe all stenographic notes and to attach the
transcripts
to the records of the case within ten (10) days from the time the notes
are taken. The attaching may be done by putting all said transcripts in
a separate folder of envelope, joined to the rollo or expediente of the
case.
[2] A
proper monthly
certification under oath that said transcribing and attaching have
already
been done within said period of ten (10) days shall be made by the
stenographer
concerned. In the absence of such certification, the stenographer will
not be allowed to receive the salary due him.cralaw:red
[3] Legible
transcriptions
must be made of all stenographic notes, whether there is an appeal or
not,
and whether the attorneys involved ask for the transcripts or not. All
the Courts referred to in this circular are after all Courts of record.cralaw:red
[4] In
civil cases
that are appealed, the original record on appeal (this is the record
submitted
to the trial court for approval), together with the appeal bond, and
the
notice of appeal, must be transmitted to the Court of Appeals, already
with the transcripts and exhibits, within ten (10) days after the
approval
of said record on appeal by the trial court; otherwise the original
record
on appeal will not be accepted in the appellate court. The clerk of the
trial court, or its branch or deputy clerk of court, as the case may
be,
must see to it that the transcripts of stenographic notes are attached
to the records of the case, and he must verify the correctness of the
copies
of all petitions, motions, pleadings, orders and decisions included in
the record on appeal, as well as the dates of filing and receipt
thereof
by the parties, and make a certificate of their correctness and of the
fact that the transcripts have been properly attached, before the trial
judge approves the record on appeal. Said approval by the trial court
must
be made within thirty (30) days after it is submitted for approval. The
judge should act promptly on motions for extension for the filing of
the
record on appeal; should, as a matter of good practice, set the record
on appeal for hearing, even if such hearings is not required under the
Rules; should not approve it simply because no opposition thereto has
been
made.cralaw:red
[5] In
criminal cases,
the transcript of the stenographic notes shall be transmitted to the
clerk
of the appellate court, together with the record (expediente),
and
the folio of exhibits within five (5) days after the filing of
the
notice of appeal. In case the penalty of death or life imprisonment is
imposed, the transcript of stenographic notes as well as the records (expediente)
and the folio of exhibits must be transmitted to the Supreme
Court
within thirty (30) days from the promulgation of judgment, as
prescribed
in Section 7, Rule 122 of the Rules of Court. In the case of life
imprisonment,
these rules will apply only if the defendant appeals.cralaw:red
[6] The
judge must
see to it that the Clerk of Court (Branch Clerk or Deputy Clerk of
Court)
and the stenographers perform their duties under the rules including
Rule
136, Section 17, which reads:chanroblesvirtuallawlibrary
"Section
17. Stenographers.
- It shall be the duty of the stenographer who has attended a
session
of a court either in the morning or in the afternoon, to deliver to the
clerk of court, immediately at the close of such morning or afternoon
session,
all the notes he has taken, to be attached to the record of the case;
and
it shall likewise be the duty of the clerk to demand that the
stenographer
comply with said duty. The clerk of court shall stamp the date on which
such notes are transcribed. The transcript shall be delivered to
the clerk duly initialed on each page thereof, to be attached to the
record
of the case.
Whenever
requested
by a party, any statement made by a judge of first instance, or by a
commissioner,
with reference to a case being tried by him, or to any parties thereto,
or to any of the witness or attorney, during the hearing of such case,
shall be made of record in the stenographic notes."
[7] In case
a stenographer
dies, or is otherwise incapacitated, his untranscribed stenographic
notes
shall be immediately transcribed by the other stenographer, if this can
be done, if not, a rehearing on points not transcribed should be
ordered.cralaw:red The foregoing
rules
shall take immediately on July 1, 1978.
[Sgd.]
FRED
RUIZ CASTROChief
Justice
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