Case Summary (A.M. No. P-07-2369)
Allegations and Complaints
The case originated from an anonymous complaint alleging that Divina demanded P20,000 in exchange for the Transcript of Stenographic Notes (TSN). Additional grievances were reported by Atty. Camacho, who accused Divina of being arrogant, and Ricardo, who claimed extortion and inefficiency. These allegations were synthesized in a report submitted to the Office of the Court Administrator (OCA).
Investigation Process
Following the complaints, on December 8, 2005, the case was referred to Honorable Remigio M. Escalada Jr. for an investigation. The findings noted a backlog of untranscribed stenographic notes dating back to 2001. Despite Divina's denial of all allegations, evidence indicated that ongoing issues with the timely completion of transcripts persisted.
Charges and Findings
The investigation highlighted three main charges against Divina: (1) extortion and delay in submitting the TSN in Civil Case No. 7400; (2) overall delay in submitting TSNs; and (3) a belligerent attitude toward Atty. Camacho. Divina was found liable for inefficiencies in her role and an unauthorized collection of payments but was granted the benefit of the doubt concerning the extortion charge due to insufficient evidence.
Recommendations and Court's Decision
Judge Escalada recommended a six-month suspension; however, after a thorough evaluation, the OCA proposed a one-year suspension without pay, citing the extent of Divina's inefficiencies. The court agreed to this assessment but took into consideration Divina's improved performance ratings in subsequent months, suggesting potential mitigation in her punishment.
Legal and Procedural Basis
Applicable laws included Section 11 of Rule 141, which governs fees charged by court stenographers, and Administrative Circular No. 24-90, which mandates timely transcription of TSNs. The court clarified that any payments mad
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Case Overview
- The case involves administrative complaints against Maria Concepcion M. Divina, a court stenographer, for alleged gross misconduct, particularly extortion and inefficiency in her duties.
- The complaints include an anonymous letter alleging extortion of ₱20,000 for a Transcript of Stenographic Notes (TSN), a letter from Attorney Teodoro O. Camacho III regarding her arrogant behavior, and an affidavit from Ricardo M. Ricardo accusing her of extortion and inefficiency.
Background of the Case
- In 2005, an anonymous complaint was filed against Divina, claiming she demanded ₱20,000 for a TSN and threatened to delay the case if not paid.
- The complaint was referred for investigation to Executive Judge Remigio M. Escalada Jr. on December 8, 2005.
- The investigation revealed a backlog of untranscribed notes dating back to 2001 and testimonies from litigants about her demanding money for TSNs.
Findings of the Investigation
- Judge Escalada’s report indicated that:
- Divina denied the extortion allegations, claiming TSNs were often given for free to indigent litigants.
- Testimonies from Ricardo M. Ricardo confirmed