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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
November-2001 Jurisprudence                 

  • G.R. No. 137968 November 6, 2001 - PEOPLE OF THE PHIL. v. ALEJANDRE DELOS SANTOS

  • G.R. Nos. 123138-39 November 8, 2001 - PEOPLE OF THE PHILS. v. HONESTO LLANDELAR

  • A.M. MTJ-01-1375 November 13, 2001 - REPORT ON THE JUDICIAL AUDIT IN THE MTCs of CALASIAO. BINMALEY

  • A.M. No. RTJ-00-1601 November 13, 2001 - ELIEZER A. SIBAYAN-JOAQUIN v. ROBERTO S. JAVELLANA

  • G.R. No. 104629 November 13, 2001 - PEOPLE OF THE PHIL. v. JULIUS KINOK

  • G.R. No. 134498 November 13, 2001 - CELIA M. MERIZ v. PEOPLE OF THE PHIL

  • G.R. Nos. 135454-56 November 13, 2001 - PEOPLE OF THE PHIL v. RODERICK SANTOS

  • A.M. No. CA-01-10-P November 14, 2001 - ALDA C. FLORIA v. CURIE F. SUNGA, ET AL.

  • A.M. No. P-01-1518 November 14, 2001 - ANTONIO A. ARROYO v. SANCHO L. ALCANTARA

  • G.R. No. 122736 November 14, 2001 - PEOPLE OF THE PHIL. v. FROILAN PADILLA

  • G.R. No. 123819 November 14, 2001 - PEOPLE OF THE PHIL. v. STEPHEN MARK WHISENHUNT

  • G.R. No. 133877 November 14, 2001 - RIZAL COMMERCIAL BANKING CORPORATION v. ALFA RTW MANUFACTURING CORPORATION

  • G.R. No. 133910 November 14, 2001 - PEOPLE OF THE PHILIPPINES v. JOSE VIRREY y DEHITO

  • G.R. No. 135511-13 November 14, 2001 - THE PEOPLE OF THE PHILIPPINES v. ENTICO MARIANO y EXCONDE

  • G.R. No. 137613 November 14, 2001 - PEOPLE OF THE PHIL. v. ROSALITO CABOQUIN

  • G.R. No. 138914 November 14, 2001 - PEOPLE OF THE PHIL. v. EFREN MANTES, ET AL.

  • G.R. No. 142870 November 14, 2001 - PEOPLE OF THE PHIL. v. DINDO F. PAJOTAL, ET AL.

  • G.R. Nos. 143513 & 143590 November 14, 2001 - POLYTECHNIC UNIVERSITY OF THE PHILIPPINES v. COURT OF APPEALS and FIRESTONE CERAMICS

  • A.M. No. RTJ-00-1599 November 15, 2001 - TRANQUILINO F. MERIS v. JUDGE FLORENTINO M. ALUMBRES

  • G.R. No. 123213 November 15, 2001 - NEPOMUCENA BRUTAS v. COURT OF APPEALS, ET AL.

  • G.R. No. 126584 November 15, 2001 - VALLEY LAND RESOURCES, INC., ET AL. v. VALLEY GOLF CLUB INC.

  • G.R. No. 127897 November 15, 2001 - DELSAN TRANSPORT LINES v. COURT OF APPEALS, ET AL.

  • G.R. No. 129018 November 15, 2001 - CARMELITA LEAÑO v. COURT OF APPEALS, ET AL.

  • G.R. No. 136017 November 15, 2001 - PEOPLE OF THE PHIL. v. JERRY BANTILING

  • G.R. No. 136143 November 15, 2001 - PEOPLE OF THE PHILIPPINES v. AGAPITO CABOTE a.k.a. "PITO"

  • G.R. No. 137255 November 15, 2001 - PEOPLE OF THE PHIL. v. NOEL MAMALAYAN, ET AL.

  • G.R. No. 137369 November 15, 2001 - PEOPLE OF THE PHILIPPINES v. ALIAS KOBEN VISTA

  • G.R. No. 141811 November 15, 2001 - FIRST METRO INVESTMENT CORPORATION v. ESTE DEL SOL MOUNTAIN RESERVE

  • G.R. No. 145275 November 15, 2001 - COMMISSIONER OF INTERNAL REVENUE v. LA CAMPANA FABRICA DE TABACOS

  • G.R. No. 148326 November 15, 2001 - PABLO C. VILLABER Petitioner v. COMMISSION ON ELECTIONS and REP. DOUGLAS R. CAGAS

  • A.M. No. MTJ-01-1382 November 16, 2001 - MARIO W. CHILAGAN v. EMELINA L. CATTILING

  • A.M. No. P-00-1411 November 16, 2001 - FELICIDAD JACOB v. JUDITH T. TAMBO

  • G.R. No. 120274 November 16, 2001 - SPOUSES FRANCISCO A. PADILLA and GERALDINE S. PADILLA v. COURT OF APPEALS and SPOUSES CLAUDIO AÑONUEVO and CARMELITA AÑONUEVO

  • G.R. No. 127003 November 16, 2001 - THE PEOPLE OF THE PHIL v. FAUSTINO GABON

  • G.R. Nos. 132875-76 November 16, 2001 - PEOPLE OF THE PHIL. v. ROMEO G. JALOSJOS

  • G.R. No. 132916 November 16, 2001 - RUFINA TANCINCO v. GSIS, ET AL.

  • G.R. No. 133437 November 16, 2001 - PEOPLE OF THE PHILIPPINES v. RONALD SAMSON

  • G.R. No. 134486 November 16, 2001 - PEOPLE OF THE PHIL. v. CLEMENTE DAYNA

  • G.R. No. 135038 November 16, 2001 - ROLANDO Y. TAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 142654 November 16, 2001 - PEOPLE OF THE PHIL v. ROLANDO MENDOZA

  • G.R. No. 143802 November 16, 2001 - REYNOLAN T. SALES v. SANDIGANBAYAN, ET AL.

  • G.R. No. 129175 November 19, 2001 - RUBEN N. BARRAMEDA, ET AL. v. ROMEO ATIENZA, ET AL.

  • G.R. No. 130945 November 19, 2001 - PEOPLE OF THE PHIL. v. ALBERTO CONDINO

  • G.R. No. 132724 November 19, 2001 - PEOPLE OF THE PHILIPPINES v. RENIEL SANAHON

  • G.R. Nos. 138358-59 November 19, 2001 - PEOPLE OF THE PHIL. v. CLAUDIO B. DELA PEÑA

  • G.R. No. 138661 November 19, 2001 - PEOPLE OF THE PHIL. v. JERSON E. ACOJEDO

  • G.R. No. 140920 November 19, 2001 - JUAN LORENZO B. BORDALLO, ET AL. v. THE PROFESSIONAL REGULATIONS COMMISSION AND THE BOARD OF MARINE DECK OFFICERS

  • G.R. No. 148560 November 19, 2001 - JOSEPH EJERCITO ESTRADA v. SANDIGANBAYAN (Third Division) and PEOPLE OF THE PHILIPPINES

  • G.R. No. 91486 November 20, 2001 - ALBERTO G. PINLAC v. COURT OF APPEALS, ET AL.

  • G.R. No. 122276 November 20, 2001 - RODRIGO ALMUETE ET AL., v. MARCELO ANDRES, ET AL.

  • G.R. No. 126204 November 20, 2001 - NAPOCOR v. PHILIPP BROTHERS OCEANIC

  • G.R. Nos. 126538-39 November 20, 2001 - PEOPLE OF THE PHILIPPINES v. RODELIO MARCELO

  • G.R. No. 129234 November 20, 2001 - THERMPHIL v. COURT OF APPEALS ET AL.

  • G.R. No. 140032 November 20, 2001 - PEOPLE OF THE PHILIPPINES v. ANGEL C. BALDOZ and MARY GRACE NEBRE

  • G.R. No. 140692 November 20, 2001 - ROGELIO C. DAYAN v. BANK OF THE PHILIPPINE ISLANDS, ET AL.

  • G.R. No. 144401 November 20, 2001 - PEOPLE OF THE PHIL. v. JOEL GALISIM

  • A.M. No. MTJ-99-1207 November 21, 2001 - NBI v. FRANCISCO D. VILLANUEVA

  • A.M. No. P- 01-1520 November 21, 2001 - MARILOU A. CABANATAN v. CRISOSTOMO T. MOLINA

  • A.M. Nos. RTJ-00-1561 & RTJ-01-1659 November 21, 2001 - CARINA AGARAO v. Judge JOSE J. PARENTELA

  • G.R. No. 125356 November 21, 2001 - SUPREME TRANSLINER INC. v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 132839 November 21, 2001 - ERIC C. ONG v. HON. COURT OF APPEALS and THE PEOPLE OF THE PHILIPPINES

  • G.R. No. 133879 November 21, 2001 - EQUATORIAL REALTY DEVELOPMENT v. MAYFAIR THEATER

  • G.R. No. 136748 November 21, 2001 - PEOPLE OF THE PHIL. v. JUANITO ET AL.

  • G.R. No. 137457 November 21, 2001 - PEOPLE OF THE PHIL. v. ROSAURO SIA

  • G.R. No. 141881 November 21, 2001 - THE PEOPLE OF THE PHILIPPINES v. VIRGILIO BERNABE y RAFOL

  • A.M. No RTJ-01-1664 November 22, 2001 - ALFREDO CAÑADA v. VICTORINO MONTECILLO

  • G.R. No. 109648 November 22, 2001 - PH CREDIT CORPORATION v. COURT OF APPEALS and CARLOS M. FARRALES

  • G.R. Nos. 111502-04 November 22, 2001 - REYNALDO H. JAYLO, ET AL. v. SANDIGANBAYAN

  • G.R. No. 113218 November 22, 2001 - ALEJANDRO TECSON v. HON. COURT OF APPEALS ET AL.

  • G.R. No. 113541 November 22, 2001 - HONGKONG AND SHANGHAI BANKING CORP. EMPLOYEES UNION v. NLRC, ET AL.

  • G.R. No. 118462 November 22, 2001 - LEOPOLDO GARRIDO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 123893 November 22, 2001 - LUISITO PADILLA , ET AL. v. THE HONORABLE COURT OF APPEALS, ET AL.

  • G.R. No. 129660 November 22, 2001 - BIENVENIDO P. JABAN and LYDIA B. JABAN v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 130628 November 22, 2001 - PEOPLE OF THE PHIL. v. PAULINO LEONAR

  • G.R. No. 132743 November 22, 2001 - PEOPLE OF THE PHIL. v. MARCIAL CAÑARES Y ORBES

  • G.R. No. 133861 November 22, 2001 - PEOPLE OF THE PHIL. v. ROBERTO SO

  • G.R. Nos. 135853-54 November 22, 2001 - PEOPLE OF THE PHIL. v. OPENIANO LACISTE

  • G.R. No. 135863 November 22, 2001 - PEOPLE OF THE PHIL. v. VlRGILIO LORICA

  • G.R. Nos. 136317-18 November 22, 2001 - PEOPLE OF THE PHIL. v. EDUARDO YAOTO

  • G.R. No. 136586 November 22, 2001 - JON AND MARISSA DE YSASI v. ARTURO AND ESTELA ARCEO

  • G.R. No. 139563 November 22, 2001 - THE PEOPLE OF THE PHIL.. v. AMADOR BISMONTE y BERINGUELA

  • G.R. Nos. 139959-60 November 22, 2001 - PEOPLE OF THE PHIL. v. DEOGRACIAS BURGOS

  • G.R. No. 141602 November 22, 2001 - PACSPORTS PHILS. v. NICCOLO SPORTS, INC.

  • G.R. No. 142316 November 22, 2001 - FRANCISCO A.G. DE LIANO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 143939 November 22, 2001 - HEIRS OF ROSARIO POSADAS REALTY v. ROSENDO.BANTUG

  • G.R. No. 145475 November 22, 2001 - PEOPLE OF THE PHILIPPINES v. EUSEBIO PUNSALAN

  • G.R. No. 145851 November 22, 2001 - ABELARDO B. LICAROS v. THE SANDIGANBAYAN, ET AL.

  • G.R. No. 146683 November 22, 2001 - CIRILA ARCABA v. ERLINDA TABANCURA VDA. DE BATOCAEL, ET AL.

  • A.M. No. RTJ-00-1562 November 23, 2001 - CAVITE CRUSADE FOR GOOD GOVERNMENT v. JUDGE NOVATO CAJIGAL

  • G.R. No. 126334 November 23, 2001 - EMILIO EMNACE v. COURT OF APPEALS, ET AL.

  • G.R. No. 128886 November 23, 2001 - PEOPLE OF THE PHIL. v. JESUS JULIANDA, JR., ET AL.

  • G.R. No. 142044 November 23, 2001 - PEOPLE OF THE PHIL. v. TOBECHUKWU NICHOLAS

  • G.R. No. 144309 November 23, 2001 - SOLID TRIANGLE SALES CORPORATION and ROBERT SITCHON v. THE SHERIFF OF RTC QC, ET AL.

  • A.M. No. RTJ-01-1662 November 26, 2001 - VICTOR TUZON v. LORETO CLORIBEL-PURUGGANAN

  • G.R. No. 138303 November 26, 2001 - PEOPLE OF THE PHIL. v. ELROSWELL MANZANO

  • G.R. Nos. 100940-41 November 27, 2001 - PEOPLE OF THE PHILIPPINES v. AGUSTIN LADAO y LORETO, ET AL.

  • G.R. No. 128285 November 27, 2001 - PEOPLE OF THE PHILS. v. ANTONIO PLANA, ET AL.

  • G.R. Nos. 130409-10 November 27, 2001 - PEOPLE OF THE PHIL. v. JOSUE B. DUMLAO

  • G.R. No. 130907 November 27, 2001 - REPUBLIC OF THE PHIL. v. HON. CESAR A MANGROBANG, ET AL.

  • G.R. No. 130963 November 27, 2001 - PEOPLE OF THE PHIL. v. MARIANO PASCUA

  • G.R. No. 133381 November 27, 2001 - PEOPLE OF THE PHIL. v. ROMULO VILLAVER, ET. AL.

  • G.R. No. 140858 November 27, 2001 - SPOUSES PAPA and LOLITA MANALILI v. SPOUSES ARSENIO and GLICERIA DE LEON

  • G.R. No. 142523 November 27, 2001 - MARIANO L. GUMABON, ET AL. v. AQUILINO T. LARIN

  • G.R. No. 144464 November 27, 2001 - GILDA G. CRUZ and ZENAIDA C. PAITIM v. THE CIVIL SERVICE COMMISSION

  • A.M. No. 00-8-05-SC November 28, 2001 - RE: PROBLEM OF DELAYS IN CASES BEFORE THE SANDIGANBAYAN

  • G.R. No. 128516 November 28, 2001 - DULOS REALTY and DEVELOPMENT CORP. v. COURT OF APPEALS, ET. AL.

  • A.M. No. P-01-1485 November 29, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. MARIE YVETTE GO, ET AL

  • A.M. No. P-01-1522 November 29, 2001 - JUDGE ANTONIO J. FINEZA v. ROMEO P. ARUELO

  • A.M. No. RTJ-01-1665 November 29, 2001 - ROSAURO M. MIRANDA v. JUDGE CESAR A MANGROBANG

  • G.R. No. 119707 November 29, 2001 - VERONICA PADILLO v. COURT OF APPEALS

  • G.R. No. 121703 November 29, 2001 - NATIVIDAD T. TANGALIN v. COURT OF APPEALS, ET AL.

  • G.R. No. 126524 November 29, 2001 - BPI INVESTMENT CORP. v. D.G. CARREON COMMERCIAL CORP., ET AL.

  • G.R. No. 129282 November 29, 2001 - DMPI EMPLOYEES CREDIT COOPERATIVE v. ALEJANDRO M. VELEZ, ET AL.

  • G.R. Nos. 129609 & 135537 November 29, 2001 - RODIL ENTERPRISES v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 130326 & 137868 November 29, 2001 - COMPANIA GENERAL DE TABACOS DE FILIPINAS AND MANILA TOBACCO TRADING v. THE COURT OF APPEALS

  • G.R. Nos. 132066-67 November 29, 2001 - PEOPLE OF THE PHIL. v. BALAS MEDIOS

  • G.R. No. 132133 November 29, 2001 - PEOPLE OF THE PHILIPPINES v. WILLIAM ALPE y CUATRO

  • G.R. No. 136848 November 29, 2001 - PEOPLE OF THE PHIL. v. RENATO T. RAMIREZ

  • G.R. No. 137815 November 29, 2001 - JUANITA T. SERING v. COURT OF APPEALS, ET AL.

  • G.R. No. 138489 November 29, 2001 - ELEANOR DELA CRUZ, ET AL. v. COMMISSION ON AUDIT

  • G.R. No. 139470 November 29, 2001 - PEOPLE OF THE PHIL. v. SPO2 ANTONIO B. BENOZA

  • G.R. No. 140386 November 29, 2001 - PEOPLE OF THE PHIL. v. BENNY ACOSTA

  • G.R. No. 141386 November 29, 2001 - COMMISSION ON AUDIT OF THE PROVINCE OF CEBU v. PROVINCE OF CEBU

  • G.R. Nos. 141702-03 November 29, 2001 - CATHAY PACIFIC AIRWAYS v. NLRC and MARTHA Z. SINGSON

  • G.R. No. 142606 November 29, 2001 - PEOPLE OF THE PHILIPPINES v. NESTOR MUNTA

  • G.R. No. 143127 November 29, 2001 - PEOPLE OF THE PHIL. v. RAUL RUBARES Y CAROLINO

  • G.R. No. 143703 November 29, 2001 - PEOPLE OF THE PHIL v. JOSE V. MUSA

  •  





     
     

    A.M. No. P-01-1485   November 29, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. MARIE YVETTE GO, ET AL

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [A.M. No. P-01-1485. November 29, 2001.]

    OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. ATTY. MARIE YVETTE GO, Branch Clerk Of Court and PHOEBE PELOBELLO, Court Stenographer III, both of the Regional Trial Court, Branch 25, Iloilo City, Respondents.

    R E S O L U T I O N


    PARDO, J.:


    On August 24, 2001, the Court Administrator filed the instant complaint against respondents Atty. Marie Yvette Go, Branch Clerk of court and Phoebe Pelobello, Court Stenographer III, both of the Regional Trial Court, Branch 25, Iloilo city, charging them with gross neglect of duty and insubordination. The complaint reads:chanrob1es virtua1 1aw 1ibrary

    "1. On 04 July 1995, Judge Bartolome M. Fañunal rendered a decision in Civil Case No. 14254 entitled ‘People of the Philippines v. Perla A. Enalao, Et Al., Defendants; Gredia G. Alajar, Intervenor;

    "2. On 31 July 1995, Intervenor Gredia G. Alajar, through counsel Atty. Cornelio Salinas, filed a Notice of Appeal;

    "3. In an Order dated 03 August 1995, the trial court gave due course to the Notice of Appeal and directed that the record of the case together with the transcript of stenographic notes be forwarded to the Court of Appeals;

    "4. On 05 February 1997, Atty. Marie Yvette D. Go forwarded the records of Civil Case No. 14254 to the Clerk of Court, Regional Trial Court, Iloilo City, one (1) year, six (6) months and two (2) days from the time Judge Fañunal ordered the transmittal of the said records to the Court of Appeals;

    "5. The Office of the Clerk of Court, Regional Trial Court, Iloilo City mailed the records of the Court of Appeals on 17 February 1997 via registered mail. The transcript, however, were not included in the transmittal;

    "6. Prior to the transmittal of the said records, Judge Fañunal in an Order dated 17 January 1997 directed Court Stenographer Phoebe Pelobello to submit her stenographic notes within one (1) week from receipt thereof. She failed to comply with the order.

    "7. Meanwhile, the Court of Appeals in a Resolution dated 13 March 2001 required Ms. Pelobello to comply with the Resolutions dated 27 September 1999 and 03 March 1999 and to show cause within ten (10) days from notice why payment of her salary shall not be suspended. Court Stenographer Pelobello failed to comply with the order of the trial court as well as with the order of the Court of Appeals;

    "8. On 01 September 2001, Court stenographer Pelobello submitted the transcripts of stenographic notes taken on 09 January 1990, after a period of five (5) years and twenty-eight (28) days from the time the Notice of Appeal was given due course.

    "WHEREFORE, it is respectfully prayed of this Honorable Court that respondents be found liable for gross neglect of duty and insubordination and be meted the appropriate penalty." 1

    On April 7, 1997, Gredia G. Alajar filed a letter-complaint 2 with the Department of Justice charging respondents Clerk of Court Magdalena Lometillo and Assistant Clerk of Court Gerry Sumaculub with gross neglect of duty relative to Civil Case No. 14254, entitled People of the Philippines versus Perla A. Enalao, et. al.

    In her complaint, Gredia Alajar alleged that there has been a delay of more than eighteen (18) months in the transmittal of the record of Case No. 14254 from the Regional Trial Court , Branch 25, Iloilo City to the Court of Appeals, Manila.

    During the investigation of the case, on October 5, 2000, the Executive Judge discovered that Atty. Magdalena Lometillo, the Clerk of Court, and Atty. Gerry Sumaculub, Assistant clerk, had no hand in the delay incurred in Branch 25, 3 where Atty. Marie Yvette Go was the Branch Clerk of Court and Phoebe Pelobello was the court Stenographer.chanrob1es virtua1 1aw 1ibrary

    On October 12, 2000, Stenographer Pelobello admitted that there was a delay in the transmittal of the record because she could not find her transcripts after they transferred to another office. She found her notes attached to other records. When required by the Court of Appeals to show cause and explain why her salary should not be ordered suspended for failure to comply with the resolution dated September 27, 1999 requiring her to submit the transcript of stenographic notes taken on January 9, 1990, Pelobello admitted that she did not submit any explanation. 4

    When asked if she knew that she was the cause of the delay in the resolution of the case, she said that she was not aware of that. She further explained that there was no reminder for her to submit the transcripts. 5

    Thus, Court Stenographer Pelobello transmitted the transcript only on September 1, 2000.

    On October 16, 2000, Executive Judge Tito G. Gustillo submitted the following report and recommendation:jgc:chanrobles.com.ph

    "The delay of One (1) year, Six (6) months and Two (2) days was incurred by RTC, Branch 25, Iloilo City because Court stenographer Phoebe Pelobello misplaced her transcript of stenographic notes taken on January 9, 1990 in Civil Case No. 14254 entitled "People of the Philippines versus Perla Enalao, Et. Al."cralaw virtua1aw library

    "The order of the Court dated January 15, 1997 issued by Judge Bartolome M. Fañunal, Presiding Judge, RTC, Branch 25 directing stenographer to submit her stenographic notes within One (1) week from receipt of said Order as well as the Resolution of the 15th Division, Court of Appeals dated March 13, 2000 requiring Stenographer Phoebe Pelobello to comply with the Resolution dated September 27, 1999 and March 3, 1999 and to show cause within ten (10) days from notice why payment of salary shall be suspended notwithstanding, the said Court Stenographer failed to comply with the Order of the trial court as well as with the Order of the Honorable Court of Appeals.

    "It was only on September 1, 2000 that court Stenographer Phoebe Pelobello was able to submit the transcript of stenographic notes taken on January 9, 2000 and after a delay of FIVE (5) YEARS and TWENTY-EIGHT (28) DAYS

    "The undersigned finds and holds Court Stenographer Pelobello, RTC Branch 25, Iloilo City, as the real culprit for the unreasonable delay of Five (5) years and Twenty Eight (28) days in transmitting her transcript of stenographic notes to the Honorable Court of Appeals.

    "That she misplaced her transcript of stenographic notes is no excuse for the imposition of the administrative sanction that should be meted against her. She did not even exhibit any remorse of conscience or display repentance for the Gross negligence and infidelity in the custody of official document she committed.

    "The Court likewise finds the Branch Clerk of Court Atty. Yvette D. Go liable for the delay under the principle of command responsibility.

    "WHEREFORE, the undersigned investigator-designate hereby finds Court stenographer Phoebe Pelobello GUILTY for gross negligence in the performance of her duties as such stenographer and recommends the severest penalty short of dismissal.

    "Clerk of Court Atty. Marie Yvette D. Go, RTC, Branch 25 is likewise found wanting in following up Court Stenographer Phoebe Pelobello for submission of the required stenographic notes and hereby recommends that she shall be CENSURED this being her first offense." 6 (Emphasis ours)chanrobles.com.ph:red

    Atty. Go admitted that she forgot all about the appeal until January of 1997. Despite notification to Court Stenographer Pelobello, the latter failed to transmit the transcripts of the case until September 1, 2000.

    As to Pelobello, we must emphasize that a public office is indeed a public trust, and a court stenographer, without doubt, violates this trust by failure to fulfill her duty as such stenographer. 7 Neglect of duty coupled with insubordination resulting in deliberate failure to comply with court orders cannot be countenanced.

    As to Atty. Go, the Manual for Clerks of Court provides that the Clerk of Court is the administrative officer of the court who controls and supervises the safekeeping of court records, exhibits, documents, properties and supplies; acts on applications for leave of absence and signs daily time records; prepares and signs summons, subpoena and notices, writs of execution, remittance of prisoners, release of prisoners, certified true copies of decisions, orders, and other processes, letters of administration and guardianship, transmittals of appealed cases, indorsements and communications, and monthly reports of cases; determines the docket fees to be paid by parties-litigants; issues clearances in appropriate cases; and, in general, performs and discharges such duties as may be assigned to him by the Executive Judge or the Presiding Judge. 8

    We have held that the failure of the Clerk of Court to transmit the records of the case constitutes negligence and warrants disciplinary action. 9 The reason for the rule requiring prompt transmittal of the records of appealed cases to the appellate court is to ensure the speedy disposition of the case, especially in criminal cases. Otherwise, the speedy administration of justice would be hampered. 10

    The Clerk of Court is an essential officer of our judicial system. As an officer of the court, he performs delicate administrative functions vital to the prompt and proper administration of justice. 11 The Clerk of Court, respondent should keep in mind, is a ranking officer in our judicial system and performs delicate administrative functions vital to the prompt and proper dispensation of justice 12

    Thus, for neglecting to diligently perform their assigned tasks, respondents should be penalized.

    IN VIEW WHEREOF, the Court resolves:chanrob1es virtual 1aw library

    a) To admonish Atty. Marie Yvette Go, Branch Clerk of Court, Regional Trial Court (Branch 25), Iloilo City, for neglect of duty in failing to follow-up with Court Stenographer Phoebe Pelobello the submission of the required stenographic notes, with warning that a repetition of the same offense shall be dealt with more severely.

    b) To impose a fine of P10,000.00 on Court Stenographer Phoebe Pelobello, payable in fifteen (15) days from notice and to admonish her that a repetition of the same shall be more severely dealt with.chanrob1es virtua1 1aw 1ibrary

    SO ORDERED

    Davide, Jr., C.J., Puno, Kapunan and Ynares-Santiago, JJ., concur.

    Endnotes:



    1. Rollo of A. M. No. P-01-1485, pp. 11-12.

    2. Rollo of A. M. No. P-00-1402, p. 3.

    3. Rollo of A. M. No. P-00-1402, TSN, October 5, 2000, pp. 3-4.

    4. Rollo of A. M. No. P-00-1402, TSN, October 12, 2000, p. 5.

    5. Rollo of A. M. No. P-00-1402, TSN, October 12, 2000, p.6.

    6. Rollo of A. M. No. P-00-1402, pp. 93-95.

    7. Ceniza-Guevarra v. Magbanua, 363 Phil. 454 [1999].

    8. Chapter II, Section B (1).

    9. Report on the Judicial Audit Conducted in RTC Branches 29 and 59, Toledo City, 354 Phil. 8 [1998], citing Ramos v. Gregorio, 224 SCRA 652 [1993].

    10. Ibid., citing Juntilla v. Calleja, 330 Phil. 850 [1996].

    11. Juntilla v. Calleja, supra.

    12. Office of the Court Administrator v. Albaytar, A. M. No. P-01-1479, July 11, 2001, citing Juntilla v. Calleja, 330 Phil. 850 [1996].

    A.M. No. P-01-1485   November 29, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. MARIE YVETTE GO, ET AL


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