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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: (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. (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. [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: (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. (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. [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. 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. [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. [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. Manila, July 12, 1990.
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