In Ang Kek Chen v. Judge Cristina F. Javalera-Sulit and Stenographer Primitiva A. Caliao-Gloria, the Supreme Court addressed administrative complaints against a judge and a court stenographer. The Court dismissed the charges against the judge but found the stenographer liable for simple neglect of duty due to delays in transcription and releasing an unofficial transcript. This case underscores the importance of timely and accurate record-keeping in judicial proceedings and reinforces the accountability of court personnel in fulfilling their duties.

When Unofficial Transcripts Cause Official Troubles: Stenographer’s Duty to Accuracy and Timeliness

This case began with a complaint filed by Ang Kek Chen against Judge Cristina F. Javalera-Sulit and Stenographer Primitiva A. Caliao-Gloria, both from the Metropolitan Trial Court, Branch 27, Manila. The complaint stemmed from alleged irregularities in the transcription of stenographic notes from a hearing on March 26, 2004, in a case for unjust vexation. Ang Kek Chen, the accused in that case, raised several issues, including delays in receiving the transcripts, discrepancies between the actual proceedings and the transcribed notes, and the release of orders seemingly before their official dates.

The complainant specifically alleged that Stenographer Gloria failed to submit the transcript within the required timeframe, despite receiving a down payment. He also claimed that the judge did not act on his motions regarding the transcription issues and failed to take disciplinary actions against other parties involved in the case. The judge, in her defense, asserted that the complaint was unfounded and that she had taken appropriate actions regarding the transcription and other pending matters. Stenographer Gloria, on the other hand, attributed the transcription issues to the use of a trainee and maintained that the release of the unofficial transcript was done in good faith.

The Office of the Court Administrator (OCA) conducted an investigation and submitted a report. The OCA found the charges against the judge to be without merit, as she had addressed the pending motions and issues raised by the complainant. However, the OCA found Stenographer Gloria liable for releasing an unofficial copy of the transcript, prepared by a trainee, which led to confusion and further complications. The Supreme Court largely adopted the OCA’s findings, but with some modifications regarding the stenographer’s liability.

The Court emphasized the importance of the stenographer’s role in the judicial process. It reiterated that stenographers are expected to perform their duties with diligence and accuracy, as they play a vital part in ensuring the integrity of court records. The Court referenced Administrative Circular No. 24-90, which sets a clear timeline for the transcription of stenographic notes:

Administrative Circular No. 24-90, paragraph 2(a): requires all stenographers to transcribe all stenographic notes and to attach the transcripts to the record of the case not later than 20 days from the time the notes were taken.

The Court found that Gloria failed to comply with this circular, as she completed the transcript more than a month after the 20-day deadline. Her defense that the next hearing was far off did not excuse her from this requirement. Furthermore, the Court highlighted the impropriety of releasing an unofficial transcript, especially one prepared by an untrained individual. This act contributed to the confusion and delay in the case, underscoring the need for stenographers to exercise caution and prudence in handling court documents.

Discussing the standard of care expected of court stenographers, the Court articulated that failing to meet the required standard would make them administratively liable:

A court stenographer performs a function that is vital to the prompt and fair administration of justice. Stenographers, like all other public officers, are accountable to the people at all times; thus, they must strictly perform their duties and responsibilities. A public office is a public trust, and a court stenographer violates this trust whenever she fails to fulfill her duties.

In its analysis, the Court clarified the concept of simple neglect of duty, which was the basis for the stenographer’s liability. Simple neglect of duty is defined as the failure to exercise the care and attention expected of a reasonably prudent person in the performance of one’s duties. The Court noted that Gloria’s actions, in issuing an unofficial transcript and failing to meet the transcription deadline, constituted such neglect. However, considering her length of service and the fact that this was her first offense, the Court deemed a fine of P5,000.00 to be a sufficient penalty.

The Court balanced the need to hold public servants accountable with the recognition of mitigating circumstances. While Gloria’s actions warranted disciplinary action, her long service in the judiciary and the absence of prior offenses were taken into account. This approach aligns with the principle that penalties should be proportionate to the offense, while also considering the individual’s overall record and circumstances. The decision serves as a reminder to court personnel of their responsibilities and the consequences of failing to meet them.

FAQs

What was the key issue in this case?	The key issue was whether the judge and the stenographer were administratively liable for irregularities in the transcription of court proceedings and related actions. The Court focused on the stenographer’s failure to comply with transcription deadlines and the release of an unofficial transcript.
Why was the stenographer found liable?	The stenographer was found liable for simple neglect of duty because she failed to transcribe the notes within the required timeframe and released an unofficial transcript prepared by a trainee. These actions were deemed to be a breach of her duties as a court stenographer.
What is simple neglect of duty?	Simple neglect of duty is the failure to exercise the care and attention expected of a reasonably prudent person in the performance of one’s duties. It involves a lack of diligence or a failure to take necessary precautions in carrying out one’s responsibilities.
What is the deadline for transcribing stenographic notes according to Administrative Circular No. 24-90?	Administrative Circular No. 24-90 requires all stenographers to transcribe their notes and attach the transcripts to the case record within 20 days from the date the notes were taken. This timeline is meant to ensure timely and accurate record-keeping.
What was the penalty imposed on the stenographer?	The stenographer was fined P5,000.00 for simple neglect of duty. The Court considered her length of service and the fact that it was her first administrative offense as mitigating factors.
Why were the charges against the judge dismissed?	The charges against the judge were dismissed because the OCA and the Supreme Court found that she had taken appropriate actions regarding the transcription issues and other pending matters in the case. There was no evidence of gross misconduct or negligence on her part.
What does the case imply for other court stenographers?	The case underscores the importance of adhering to prescribed timelines for transcription and maintaining the integrity of court documents. Stenographers must exercise diligence and avoid releasing unofficial or inaccurate transcripts.
How does this case relate to the public trust doctrine?	This case highlights the principle that public office is a public trust. Court stenographers, as public officers, are expected to perform their duties diligently and responsibly. Failure to do so constitutes a violation of this trust and may result in disciplinary action.

This case serves as a crucial reminder of the importance of ethical conduct and diligence within the judicial system. Timely and accurate transcription of court proceedings is essential for maintaining the integrity of justice. Court personnel must adhere to established rules and procedures to avoid administrative liability and uphold public trust.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Ang Kek Chen v. Judge Cristina F. Javalera-Sulit and Stenographer Primitiva A. Caliao-Gloria, A.M. No. MTJ-06-1649, September 12, 2007