ADMINISTRATIVE
CIRCULAR NO. 4 [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
: AMENDMENT
OF ADMINISTRATIVE
CIRCULAR NO. 2 DATED JULY 1, 1978.
In view of
the numerous
requests for stenographers of the different Courts for the amendment
and/or
deferment of the effectivity of subject Administrative
Circular No. 2, the same is hereby amended and the following
guidelines
are hereby adopted for the compliance by all concerned:chanrobles virtual law library
[1] 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, 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 hearing is not
required
under the Rules; should not approve it simply because no opposition
thereto
has been made.
[2] In
criminal cases
that are appealed, the transcripts 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
[3] 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 read: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."
[4] 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
[5] The
judges are
reminded of Circular No. 87 dated October 19, 1964, of the Department
of
Justice, directing all trial judges to take down notes of salient
portions
of the proceedings and to proceed with the preparation of the decisions
without waiting for the transcripts of stenographic notes.cralaw:red
[6]
Administrative
Circular No. 2 is amended accordingly.cralaw:red Strict
compliance is
hereby enjoined.
August 21,
1978.
[Sgd.]
FRED
RUIZ CASTROChief
Justice
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