June 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[A.M. No. P-11-2933 : June 06, 2011]
JUDGE CELSO BAGUIO V. JOCELYN P. LACUÑA, COURT STENOGRAPHER III, REGIONAL TRIAL COURT, BRANCH 34, GAPAN CITY, NUEVA ECIJA
A.M. No. P-11-2933 (Judge Celso Baguio v. Jocelyn P. Lacu�a, Court Stenographer III, Regional Trial Court, Branch 34, Gapan City, Nueva Ecija). - Before this Court is an administrative case filed by Judge Celso Baguio (Judge Baguio) of the Regional Trial Court (RTC), Branch 34, Gapan City, Nueva Ecija, against Jocelyn P. Lacu�a (Lacu�a), Court Stenographer III in the same court.
In a letter to the Court Administrator dated November 8, 2007, Judge Baguio charged Lacu�a with incompetence and inefficiency in the performance of official duties. He alleged that Lacuna had been the subject of repeated verbal and written reprimands for failure to transcribe the stenographic notes in numerous civil and criminal cases, despite the lapse of the period to do so.[1]
Then Court Administrator Zenaida N. Elepa�o directed Lacuna to submit her comment.[2]
In her Comment,[3] Lacu�a admitted that she was negligent in transcribing her stenographic notes. She likewise admitted bringing home case records without permission from the clerks in order to finish her work. She claimed that certain personal and financial problems prevented her from meeting the deadlines for submitting her stenographic notes. She begged for indulgence and understanding, and a second chance to improve her work.
In another letter to the Court Administrator, Judge Baguio narrated that Lacu�a's performance had further deteriorated. He attached several orders to show that Lacu�a's failure to submit her transcribed stenographic notes on time caused undue delay in the hearings of several cases, putting the court in a very bad light in the eyes of litigants and lawyers.[4]
On July 28, 2009, then Court Administrator Jose P. Perez (now a member of this Court) referred the case to the Executive Judge of the Gapan City RTC for investigation, report, and recommendation.[5] However, since Judge Baguio is the Gapan City RTC Executive Judge, the investigation was conducted by Vice Executive Judge Wilfredo L. Maynigo (Judge Maynigo).
In his Investigation Report,[6] Judge Maynigo found, thus:
With Ms. Lacu�a's admissions and from the facts gathered from the records, it is without doubt that Judge Baguio's complaints against Ms. Lacu�a stand on solid ground. The worst thing is that despite many chances given her, Ms. Lacu�a has not shown any sign that she has changed for the better:
While her offense may be mitigated by her voluntary acknowledgment of her guilt, the same should not justify her continued occupation of her present position and to perform the same functions she has miserably failed to satisfactorily do so in her many years as a court stenographer.
Ms. Lacuna's actions grossly violate Section 1, Canon IV of the New Code of Conduct for the Philippine Judiciary (A.M. No. 03-05-01-SC) which provides, thus:
"Section 1. Court personnel shall at all times perform official duties properly and with diligence. They shall commit themselves exclusively to the business and responsibilities of their office during working hours."
Likewise, her unreasonable delay in the transcription and submission of the transcripts of stenographic notes in many cases grossly violates Administrative Circular No. 24-90[,] which requires the submission of transcripts of stenographic notes within twenty (20) days from the time the notes were taken.
Judge Maynigo recommended that, in view of Lacu�a's long service in the government, her acknowledgment of her infractions, and the fact that this is her first offense, her administrative liability be mitigated. However, Judge Maynigo noted that keeping her as a court stenographer may be prejudicial to the interest of the service. He recommended that Lacu� instead be assigned to perform tasks that she is capable of accomplishing.[7]
In a Memorandum dated January 19, 2011, the Office of the Court Administrator (OCA) adopted Judge Maynigo's findings of fact. However, it said that Lacu�a's dereliction of duty should not be countenanced. It, however, took into account Lacu�a's candid admission of her infractions and apology, and the fact that this is her first infraction, to mitigate her liability.
Thus, the OCA recommended that Lacu�a be found guilty of incompetence and inefficiency in the performance of her official duties and be suspended from office for two months, without pay, and likewise be sternly warned that the commission of the same or similar acts in the future shall be dealt with more severely.
We adopt the recommendation of the OCA.
Administrative Circular 24-90, which took effect on August 3, 1990, provides:
[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.[8]
Lacu�a herself admits that she failed to comply with this mandate.
While the Court empathizes with Lacu�a, her personal and financial problems cannot shield her from liability. She cannot use her personal difficulties as an excuse for failure to exercise due diligence in the performance of her duty to transcribe the stenographic notes within the period imposed by the foregoing administrative circular. Otherwise, every government employee charged with an administrative offense will always use this as a convenient excuse to escape punishment to the great prejudice of public service.[9]
The evidence submitted by Judge Baguio bears out that Lacu�a's failure to submit the transcript of her stenographic notes was the cause of delay in the trial of cases before the Gapan City RTC. This is a serious matter and directly intrudes into the proper administration of justice.
As a trial court stenographer, Lacu�a knows, or ought to know, that she performs an important role in running the machinery of our trial court system, and that transcripts of stenographic notes are vital for the speedy disposition of cases.[10] Any failure on her part to execute her functions hampers the administration of justice and erodes public faith in the judiciary.[11]
Under the Uniform Rides in Administrative Cases in the Civil Service,[12] inefficiency and incompetence in the performance of official duties is punishable by suspension for six months and one day up to one year, for the first offense. However, the Court agrees with the OCA that the length of Lacu�a's service in the government, coupled with the admission of her infractions, serves to mitigate her liability. Hence, the OCA's recommendation of a two-month suspension is in order.
WHEREFORE, the foregoing premises considered, the Court finds Jocelyn P. Lacu�a, Court Stenographer III, Regional Trial Court, Branch 34, Gapan City, Nueva Ecija, GUILTY of incompetence and inefficiency in the performance of her official duties. She is SUSPENDED from office for TWO (2) MONTHS, without pay, and STERNLY WARNED that the commission of the same or a similar offense in the future will be dealt with more severely.
SO ORDERED.
Very truly yours,
(Sgd.) MA. LUISA L. LAUREA
Clerk of Court
Endnotes:
[1] Rollo, p. 1.[2] Id. at 5.
[3] Id. at 6-7.
[4] Id. at 8.
[5] Id. 21.
[6] Id. at 35-39.
[7] Id. at 39.
[8] Administrative Circular 24-90, Revised Rules on Transcription of Stenographic Notes and Their Transmission to Appellate Courts.
[9] Office of the Court Administrator v. Montalla, A.M. No. P-06-2269, December 20, 2006, 511 SCRA 328, 332; Ongkiko, Kalaw, Dizon, Panga & Velasco Law Offices v. Sangil-Makasiar, 326 Phil. 31, 37 (1996).
[10] Judge Reyes v. Bautista, 489 Phil. 85, 93 (2005), citing Ibay v. Lim, 394 Phil. 415, 421 (2000).
[11] Judge Banzon v. Hechanova, A.M. No. P-04-1765, April 8, 2008, 550 SCRA 554, 560.
[12] Civil Service Commission Memorandum Circular No. 19-99.
