Case Summary (A.M. No. P-13-3155)
Allegations Against the Respondent
The letter-complaint filed on October 27, 2010, alleged three primary violations by Respondent Arnejo: (1) failure to comply with Supreme Court Administrative Circular No. 24-90, which mandates the transcription of stenographic notes within 20 days from the date of hearing; (2) non-issuance of official receipts for payments made for the transcripts; and (3) antedating of transcription dates for transcripts related to hearings held on May 27, 2010, and September 8, 2010.
Investigation and Findings
Upon referral by the Office of the Court Administrator, the case was investigated by Executive Judge Silvestre Maamo, Jr. However, after the complainant missed three scheduled hearings to present evidence, the case was submitted for resolution based on the available records. The investigation report established that the TSNs had, in fact, been transcribed within the required timeframe, and there was no hearing held on September 30, 2010.
Payment Issues
The investigation revealed that Respondent Arnejo requested an advance of P500 from the complainant on May 27, 2010, supposedly for printer ink, which allegedly became an advance payment for the TSN. Although an acknowledgment receipt for P240 was issued on July 22, 2010, the official remittance for the TSNs was only made on December 19 and 23, 2010, after the complaint had been filed, suggesting a lack of timely reporting.
Violations Identified
The respondent admitted that the Certification date for the TSNs should correspond to the date of hearing, acknowledging that she antedated it as a matter of practice. The OCA found violations regarding the issuance of official receipts, specifically citing a breach of Section 11, Rule 141 of the Revised Rules of Court, which stipulates that payments for copies of TSNs must be made to the Clerk of Court.
Court's Ruling
The Court concurred with the findings of the investigating judge and the OCA regarding compliance with the transcription time frame but sided with their conclusions concerning the violations of ethical standards. The Court emphasized that all court personnel must maintain integrity and propriety, stressing that judicial fees are to be collected by the Clerk of Court, not by individual court staff members.
Penalty and Consequences
Despite the gravity of the identified infractio
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Case Background
- A letter-complaint dated October 27, 2010, was filed by complainant Joefil Baguio against respondent stenographer Maria Fe V. Arnejo.
- The complaint charged Arnejo with willful gross neglect of duties based on several allegations:
- Noncompliance with Supreme Court Administrative Circular No. 24-90, mandating the transcription of notes within 20 days of the hearing.
- Failure to issue an official receipt (OR) for the payment of the transcript of stenographic notes (TSN).
- Antedating of the TSN preparation dates, which were inconsistent with the amounts on the receipts submitted.
Investigation Process
- Following the complaint, the case was referred to the executive judge of the Regional Trial Court (RTC) of Cebu City for thorough investigation and subsequent reporting.
- Executive Judge Silvestre Maamo, Jr. conducted the investigation but faced challenges due to the complainant's three consecutive failures to appear for evidence presentation.
- The case was resolved based on the available evidence on record.
Findings of the Investigation
- The investigating judge, Judge Maamo, reported that:
- There was no basis for the claim of noncompliance with the Administrative Circular, as the TSNs were prepared within the stipulated 20-day period.
- No hearing occurred on September 30, 2010, due to a motion to postpone, with a different stenographer present.
- Regarding the non-issuance of receipts:
- On May 27, 2010, Arnejo requested P500 from the complainant for printer ink, treated as an advance payment.
- Arnejo admitted to issuing an acknowledgment receipt on July 22,