Case Summary (G.R. No. L-29043)
Factual Background
The conflict originated when Atty. OpeAa, who represented the plaintiff in the aforementioned civil case, requested a TSN from respondent Luna. Despite the TSN being only eighteen pages long, Luna demanded a payment of five hundred pesos (₱500.00), a sum Atty. OpeAa contested, arguing that payment should be based on the number of pages transcribed. Respondent held that customary practice permitted such a demand due to the ex parte nature of the proceedings, despite Atty. OpeAa contending that the hearing was conducted in open court with the presence of a judge and an assistant city prosecutor. Tensions heightened, leading Atty. OpeAa to ultimately pay the requested amount, resulting in his formal complaint.
Respondent’s Position
In her comment dated May 15, 2001, respondent Luna denied that she coerced Atty. OpeAa into paying the ₱500.00 fee but acknowledged receiving the payment. She cited a longstanding practice within the judiciary wherein party-presenting evidence in ex parte matters assumes all associated costs, including those for the stenographic notes. Luna emphasized her two-decade tenure as a stenographic reporter, highlighting her previously unblemished record of service and asserting her good faith in this matter.
Findings of the Office of the Court Administrator
In an Agenda Report dated December 14, 2001, the Office of the Court Administrator (OCA) determined that respondent violated Section 10, Rule 141 of the Revised Rules of Court, which prescribes specific fees for stenographers. The OCA noted that the fees cannot be arbitrarily elevated, regardless of the nature of the hearing, and recommended a fine of one thousand pesos (₱1,000.00) against Luna as a penalty. This recommendation incorporated mitigating factors, including her length of service and previously clean record.
Court Proceedings and Rulings
On February 4, 2002, the Court formalized the proceedings as a regular administrative matter, inviting the parties to submit their positions based on earlier pleadings. While Atty. OpeAa confirmed his continued participation, the respondent made no submissions. Following the death of Atty. OpeAa in July 2003, Luna sought dismissal of the case, which was later contested by the OCA, reiterating the recommendation for a fine based on the earlier findings.
Administrative Accountability Considerations
The Court acknowledged respondent Luna’s denial of coercing Atty. OpeAa to pay the disputed amount. However, it found that the context demonstrated that she effectively compelled payment due to the urgent requir
...continue readingCase Syllabus (G.R. No. L-29043)
Case Background
- The case originated from an affidavit-complaint dated December 19, 2000, filed by Atty. Benjamin A. OpeAa with the Office of the Court Administrator (OCA).
- The respondent, Fe Rizalina V. Luna, served as a Court Stenographer III at the Regional Trial Court (RTC) Branch 130 in Caloocan City.
- The complaint charged Luna with grave misconduct regarding the transcription of stenographic notes (TSN) in a civil case for the declaration of nullity of marriage (Civil Case No. C-19052).
Facts of the Case
- Atty. OpeAa represented the plaintiff in the aforementioned civil case, with the initial presentation of evidence occurring on September 15, 2000, where Luna was the attending stenographic reporter.
- On December 6, 2000, OpeAa requested a copy of the TSN from Luna for the hearing scheduled the following day.
- Respondent prepared the TSN, presented as triple-spaced and consisting of only eighteen pages, for which she demanded a payment of five hundred pesos (P500.00).
- OpeAa contested the amount, stating that the determination of the fee should be based on the number of pages rather than a flat rate, emphasizing that the proceedings were not ex parte.
- Despite his objections, OpeAa paid the demanded amount due to the urgency of needing the TSN for the upcoming hearing.
Respondent's Defense
- In her comment dated May 15, 2001, Luna denied coercing OpeAa into paying P500.00 but acknowledged receivi