ADMINISTRATIVE
CIRCULAR NO. 24-90
TO:
THE
PRESIDING JUSTICE AND ASSOCIATE JUSTICES OF THE COURT OF APPEALS AND
THE
SANDIGANBAYAN, ALL JUDGES OF THE REGIONAL TRIAL COURTS, METROPOLITAN
TRIAL
COURTS, MUNICIPAL TRIAL COURTS, AND MUNICIPAL CIRCUIT TRIAL COURTS,
CLERKS
OF COURT OF THE COURT OF APPEALS, CLERKS OF COURT OF REGIONAL TRIAL
COURTS
AND INFERIOR COURTS AND COURT STENOGRAPHERS
SUBJECT:
REVISED RULES ON TRANSCRIPTION OF STENOGRAPHIC NOTES AND THEIR
TRANSMISSION
TO APPELLATE COURTS.
A great
number of
"Inherited Cases" [those heard and tried by Judges but left
undecided
due to resignation, retirement, and transfer/promotion to new
assignments]
has accumulated and cannot be decided or resolved promptly by incumbent
Judges appointed or designated to replace their predecessors because of
lack of transcripts of stenographic notes caused by the death or the
absence
of the recording stenographers who have resigned or retired and whose
whereabouts
are unknown. This has delayed review of appealed cases as the records
are
transmitted without the required transcripts of stenographic notes
In order to
minimize
delay in the adjudication of pending cases, the following revised rules
on transcription of stenographic notes are hereby promulgated:chanrobles virtual law library
[1]
Clerks of Court
and stenographers are enjoined to faithfully comply with Rule 136,
Section
17, par. 1, Rules of Court, which is quoted hereunder:chanroblesvirtuallawlibrary
"Section
17. Stenographers. – It shall be the duty of the stenographer
who has attended a
session
of 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
notes are received by him. When such notes are transcribed, the
transcript
shall be delivered to the Clerk, duly initialed on each page thereof,
to
be attached to the records of the case."
[2] (a) All
stenographers
are required to transcribe all stenographic notes and to attach the
transcripts
to the record of the case not later than twenty (20) days from the time
the notes are taken. The attaching may be done by putting all said
transcripts
in a separate folder or envelope which will then be joined to the
record
of the case.
(b) The
stenographer
concerned shall accomplish a verified monthly certification as to
compliance
with this duty. In the absence of such certification or for failure
and/or
refusal to submit it his salary shall be withheld.cralaw:red
(c) With
respect
to untranscribed stenographic notes as of the date of the effectivity
of
this Circular all stenographers are directed to submit the transcripts
thereof not later than three (3) months from date of effectivity of
this
Circular.cralaw:red
[3] In
pending cases
where he provisions of the above Section 2 have not yet been complied
with,
the following rules on transcription in case of appeal shall be
observed:chanroblesvirtuallawlibrary
(a) In
civil cases
appealed from the lower court to the Regional Trial Court, whether
tried
under regular or summary procedure, the stenographer concerned shall
transcribe
the stenographic notes within fifteen [15] days from perfection of
appeal.
(b) In
appeals to
the Court of Appeals from the Regional Trial Court, whether by record
on
appeal or by the original record, the stenographers concerned shall
transcribe
their notes of the proceedings and submit the transcripts to the
Judge/Clerk
of the Trial Court, who must submit the transcripts of stenographic
notes
to the Clerk of the Court of Appeals within a period of thirty [30]
days
from perfection of the appeal.cralaw:red
(c) In
criminal cases
appealed from an inferior court to the Regional Trial Court or from the
latter to the Court of Appeals, the stenographers concerned shall
transcribe
the stenographic notes and file the original and four [4] copies of the
transcript with the Judge/Clerk of the Trial Court not later than
twenty
[20] days from the date he was directed by the Court to transcribe his
notes as provided in Section 7, Rule 122 of the New Rules of Criminal
Procedure.
The Judge/ Clerk of the Trial Court shall transmit the original and
three
[3] copies of the transcripts to the Clerk of Court where the appeal is
taken not later than ten [10] days from the filing of the same with the
court of origin.
[4] In case a
stenographer
dies or is otherwise incapacitated, his untranscribed stenographic
notes
shall be immediately transcribed by the other stenographers, if this
can
be done. If not and the notes untranscribed involved controverted
issues,
a rehearing on those points be ordered.
[5] No
stenographer
shall be allowed to resign from the service or allowed to retire
optionally
without having transcribed all transcripts of stenographic notes taken
by him. A stenographer due for compulsory retirement must submit to the
Judge/Clerk all pending transcribed stenographic notes three (3) months
before retirement date.cralaw:red
No terminal
leave
or retirement pay shall be paid to a stenographer without a verified
statement
that all his transcript of stenographic notes have been transcribed and
delivered to the proper court, confined by the Executive Judge of the
Court
concerned.cralaw:red
[6] If,
upon the
effectivity of this Circular, a stenographer is still clearing up his
pending
transcripts of stenographic notes after he has compulsorily retired, he
shall not be paid additional compensation.cralaw:red
[7] A
stenographer
shall not be allowed to travel abroad if he has pending untranscribed
notes
unless otherwise ordered by the Court upon urgent grounds.cralaw:red Administrative
Circular
No. 2 dated July 1, 1978 on the same subject is hereby superseded by
this
Circular which shall become effective August 1, 1990.
Manila,
July 12,
1990.
[Sgd.]
MARCELO
B. FERNANChief
Justice |