THIRD DIVISION
[A.M. No. SB-11-17-P. November 20, 2013.][Formerly OCA IPI No. 10-23-SB-P]
ROMEO KHO, petitioner, vs. BERNARDITA C. AZCARRAGA, COURT STENOGRAPHER, SANDIGANBAYAN, QUEZON CITY, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated November 20, 2013, which reads as follows:
"A.M. No. SB-11-17-P [Formerly OCA IPI No. 10-23-SB-P] (Romeo Kho v. Bernardita C. Azcarraga, Court Stenographer, Sandiganbayan, Quezon City). — On August 14, 2010 complainant Romeo Kho charged respondent Bernardita C. Azcarraga, court stenographer of the Sandiganbayan, with negligence and malfeasance relative to Civil Case 7423, Vicente P. Quintero, Jr. v. Marcial Margate, et al., which was an action for quieting of title then pending before the Regional Trial Court (RTC) of Tacloban City where Azcarraga previously worked.
Kho claimed that Azcarraga failed to prepare the transcript of stenographic notes (TSNs) of the testimony of plaintiff Vicente Quintero, Jr. that was taken on November 17, 1989 despite the orders that Tacloban RTC Judge Frisco T. Lilagan issued on February 2, 2000 and March 15, 2010, directing her to transmit the required TSNs to the RTC within 30 days of receipt of the orders. ETDAaC
In her Comment, Azcarraga claimed that she has actually transcribed the needed stenographic notes and given copies of the TSNs to the parties concerned. Indeed, she got a clearance from her previous station before transferring to the Makati RTC in January 1990. She also pointed out that, although she retained a file copy of the transcibed notes with its machine form, the same were lost when fire razed her house sometime in 1998.
Acting on the recommendation of the Office of the Court Administrator (OCA), on October 19, 2011 the Court directed the re-docketing of Kho's complaint as an administrative case and evaluated the OCA's findings.
In administrative proceedings, the quantum of proof needed for a finding of guilt is substantial evidence or evidence that a reasonable mind will accept as adequate to support a conclusion. 1 Here, that quantum of evidence has been met. Complainant Kho amply proved that Azcarraga failed to transcribe the required TSNs. Branch Clerks of Court Atty. Irene T. Pontejos-Cordeta and Atty. Gissle Gay Capacite-Ballais issued official Certifications that the needed TSNs were not attached to the records of Civil Case 7423, the indubitable proof that they did not exist.
Administrative Circular 24-90 2 required all stenographers to transcribe their stenographic notes and attach the TSNs to the record of the case not later than 20 days from the time the notes were taken. TcEAIH
Respondent Azcarraga lacked dedication to her duties as court stenographer. The TSNs are indispensable to the resolution of litigated disputes at the trial level or on appeal. Surely, she should have been aware of this. Her dereliction of duty can jeopardize public faith and confidence in the judicial system and cannot thus be ignored. Indeed, Administrative Circular 24-90 regards her omission as gross neglect of duty punishable by dismissal under Section 46 (A) (2) of Rule X of the Revised Rules on Administrative Cases in the Civil Service.
In the present case, however, considering respondent's long years of service to the government and the Office of the Court Administrator's record showing that respondent has never been previously found guilty of any administrative offense, the Court accepts its recommendation that she be suspended for a year without pay.
WHEREFORE, the Court finds respondent Bernardita C. Azcarraga LIABLE for gross neglect of duty and orders her SUSPENSION for one year without pay, with a STERN WARNING that a repetition of the same and any similar act shall be dealt with more severely.
SO ORDERED."
Very truly yours,
(SGD.) LUCITA ABJELINA SORIANODivision Clerk of Court
Footnotes
1. Aldecoa-Delorino v. Abellanosa, A.M. No. P-08-2420, October 19, 2010, 633 SCRA 449, 462.
2. Revised Rules on Transcription of Stenographic Notes and their Transmission to Appellate Courts, July 12, 1990.