A.M. No. P-95-1161 - Bandong vs. Ching

The case involves the administrative proceedings against Bella R. Ching, the Court Interpreter of Branch 49, Regional Trial Court, Cataingan, Masbate, for her failure to properly prepare, submit, and attach the Minutes of Court sessions and proceedings to the case records spanning from 1985 to 1995.

The issue was discovered when some minutes were found missing from the court expediente, prompting further investigation.

On July 13, 1995, Executive Judge Henry B. Basilla issued Memorandum No. 7, series of 1995 directing Atty. Jesus N. Bandong, Clerk of Court VI, to conduct an inventory of all cases during 1985–1995, specifically verifying the presence of the Minutes in the records.

Atty. Bandong complied and, on July 19, 1995, submitted a letter-report listing 67 criminal cases and 11 civil/other cases where Minutes were absent, totaling 281 sessions or hearings without the required documentation.

In his report, Bandong recommended that the respondent’s salary should be withheld as a sanction for her failure to discharge her duties properly.

On October 18, 1995, the Office of the Court Administrator, acting on Judge Basilla’s recommendation, treated Bandong’s letter-report as a formal complaint against Ching, directing her to file an answer and explain why she should not be disciplinary dealt with.

In her answer, Ching asserted that she had already prepared, submitted, and attached the Minutes for all the sessions in question, providing evidence such as Atty. Bandong’s certification and Judge Basilla’s 1st Indorsement dated October 23, 1995.

Ching also argued that during some hearings, while she was on leave, the responsibility should have fallen upon an interpreter-designate; she further explained that some Minutes that she prepared were erroneously attached to other case records due to the mistakes of a Court Aide.

In response, Atty. Bandong manifested his sole reliance on the facts presented in his initial letter-report, submitting a reply in compliance with a court resolution of November 22, 1995.

The respondent eventually agreed to the Court’s request to have the case decided on the basis of the pleadings already filed.

The Office of the Court Administrator, in its memorandum, maintained that Ching was guilty of simple neglect of duty despite mitigating circumstances such as her claim on leave, emphasizing that it remained her personal responsibility to ensure the Minutes were prepared, regardless of personnel changes or misattachments.

The Court noted that the neglect was habitual and had worsened from 1991 onward, indicating a marked retrogression in her performance and dedication to duty.

The Court further held that if such neglect persisted over a decade, it raised questions about the supervisory role of the immediate superior, Atty. Jesus N. Bandong, whose oversight responsibilities over court records came under scrutiny.

Whether Bella R. Ching, as the Court Interpreter, was guilty of neglect of duty for her failure to consistently prepare, submit, and attach the Minutes of Court sessions for cases dating from 1985 to 1995.
Whether the mitigating circumstances alleged by the respondent—such as being on leave during certain sessions and errors committed by a Court Aide—could sufficiently reduce her liability, or if her actions constituted habitual and grave nonfeasance.
Whether the supervisor, Atty. Jesus N. Bandong, should also be held accountable for failing to exercise adequate supervision over Ching’s performance of her duties.