Case Digest (A.M. No. P-09-2700)
Facts:
In the case of Atty. Noreen T. Basilio vs. Melinda M. Dinio, the complainant, Atty. Noreen T. Basilio, who served as the Clerk of Court for Branch 129 of the Regional Trial Court (RTC) in Caloocan City, filed a complaint against Melinda M. Dinio, a Court Stenographer III, on August 11, 2008. The complaint arose from an incident that occurred on July 30, 2008, when Atty. Jobert Pahilga visited the court office to request a copy of the stenographic notes related to his case. He paid a total of five hundred pesos (P500.00), with two hundred pesos (P200.00) going to Stenographer Evelyn R. Santander and three hundred pesos (P300.00) to Dinio. Following the payment, Atty. Basilio instructed Dinio to remit a portion of the payment to the Office of the Clerk of Court, as mandated by Section 11, Rule 141 of the Rules of Court and Administrative Matter No. 04-2-04-SC. Dinio reacted angrily, asserting that she had no money to remit and that she incurred personal expenses while transcrib...
Case Digest (A.M. No. P-09-2700)
Facts:
Background of the Case:
- Atty. Noreen T. Basilio, Clerk of Court of Branch 129, Regional Trial Court (RTC), Caloocan City, filed a complaint against Melinda M. Dinio, Court Stenographer III, for disrespectful conduct and insubordination.
- The complaint arose from Dinio's refusal to remit a portion of the P300.00 she received as payment for a copy of her stenographic notes.
Incident Details:
- On July 30, 2008, Atty. Jobert Pahilga paid P500.00 to stenographers Dinio and Evelyn R. Santander for copies of stenographic notes.
- Dinio received P300.00 and was instructed by Atty. Basilio to remit a portion of the amount to the Office of the Clerk of Court, as required by Section 11, Rule 141 of the Rules of Court and Administrative Matter (A.M.) No. 04-2-04-SC.
- Dinio refused, stating she had no money and that she transcribed the notes at home, incurring personal expenses for electricity and other costs.
- Dinio reacted angrily, shouting at Atty. Basilio and daring her to report the incident to the judge.
Post-Incident Actions:
- Atty. Basilio reported the incident to Judge Thelma C. Trinidad-Pe Aguirre, who called a meeting to remind staff of administrative rules.
- Dinio did not express remorse or remit the money after the meeting.
Dinio's Defense:
- Dinio admitted to transcribing notes at home due to a heavy workload and claimed she charged P10.00 per page, as allowed by the Rules of Court.
- She argued that Atty. Basilio misinterpreted her actions, which were meant as jokes, and that she had worked for 15 years without prior complaints.
Issue:
- Whether Dinio is liable for disrespectful conduct and insubordination for her refusal to remit a portion of the payment for stenographic notes.
- Whether Dinio violated Section 14, Rule 136 and Section 11, Rule 141 of the Rules of Court by failing to remit the required fees and by removing official documents (stenographic notes) from the court premises without authorization.
- Whether Dinio's failure to comply with the Court's resolution to show cause warrants disciplinary action.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Conclusion:
- Dinio was found guilty of disrespectful conduct and violations of the Rules of Court. The Court imposed fines totaling P6,000.00 and issued a stern warning against future violations.