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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.
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: [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. [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. [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. [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. [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: [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. |


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