Case Digest (A.M. No. P-05-2043)
Facts:
SPO2 Jonathan M. Alcover Sr. v. Edgardo Y. Bacatan, A.M. No. P-05-2043, promulgated December 25, 2006, Supreme Court Third Division, Panganiban, J., writing for the Court.Complainant SPO2 Jonathan M. Alcover Sr. was convicted of murder in Criminal Case No. CBU-55699 before Branch 24 of the Regional Trial Court (RTC), Cebu City. On June 27, 2004 he filed a Letter-Complaint with the Office of the Court Administrator (OCA) charging respondent Edgardo Y. Bacatan, Court Stenographer III of Branch 24, with failing and/or deliberately delaying the preparation and release of the transcripts of stenographic notes (TSN) — notably the testimony of witness Christian Paras taken on September 18, 2001.
The OCA summarized Alcover’s allegations that the first half of Paras’s testimony was made available only in late June 2004 and the latter half in the first week of July 2004, despite timely payment of fees, and that the delay was engineered to prevent Alcover from strengthening his defense and possibly to permit alteration of the TSN. By indorsement dated July 20, 2004 the OCA required Bacatan to comment; he filed a Comment in August 2004 denying deliberate delay or tampering and asserting that some transcripts had been prepared and furnished during trial while other portions remained unclaimed or in draft form.
The OCA investigated, found that Bacatan admitted he transcribed the contested testimony only after almost three years, but found no proof of tampering, and thus recommended administrative liability for simple neglect of duty in the form of two months’ suspension without pay. The Supreme Court (Th...(Pro-only)
Issues:
- Was there substantial evidence to support the allegation that respondent deliberately delayed or tampered with the transcript of stenographic notes?
- Did respondent commit an administrative offense (simple neglect of duty) by failing to transcribe and attach the TSN within the time required by Administrative Circular No. 24-90, and...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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