The Importance of Timely Transcription: A Court Stenographer’s Duty

A.M. No. P-96-1195, April 02, 1996

Imagine a person wrongly accused, languishing in jail, awaiting a chance to prove their innocence. Now, imagine that chance is delayed, not by malicious intent, but by a simple, yet critical, failure: the late transcription of court proceedings. This case underscores the critical role court stenographers play in the justice system and the consequences of neglecting their duties.

This case revolves around the administrative complaint filed against Mrs. Stella Marie S. Sangil-Makasiar, a court stenographer, for her failure to promptly transcribe and submit stenographic notes, specifically those from a trial conducted in November 1993. This delay significantly hampered the appeal process of an accused convicted of kidnapping for ransom.

The Legal Framework Governing Court Stenographers

The responsibilities of court stenographers are clearly defined by the Revised Rules of Court and subsequent administrative circulars. These rules ensure the timely and accurate recording of court proceedings, which is crucial for appeals and the overall administration of justice. Failing to meet these obligations can lead to administrative sanctions.

Sections 7 and 8 of Rule 122 of the Revised Rules of Court explicitly address the duties of stenographers concerning appeals:

“SEC. 7. Transcribing and filing notes of stenographic reporter upon appeal. ” When notice of appeal is filed by the defendant the trial court shall direct the stenographic reporter to transcribe his notes of the proceedings… The stenographer shall certify to the correctness of the notes and the transcript thereof which shall consist of the original and four copies and shall file the original and four copies of the transcript with the clerk without unnecessary delay.“

“SEC. 8. Transmission of papers to appellate court upon appeal… The original and three copies of the transcript of the stenographic notes shall also be transmitted to the clerk of the appellate court together with the record, or as soon thereafter as possible.“

Administrative Circular No. 24-90 further clarifies these timelines, requiring stenographers to transcribe notes and attach them to the case record within twenty (20) days from the date the notes were taken. This circular aims to prevent delays and streamline the appellate process.

For example, if a hearing takes place on January 1st, the stenographer should ideally submit the transcript by January 21st. This strict timeline ensures the prompt progression of legal proceedings.

The Case of Mrs. Sangil-Makasiar: A Timeline of Delays

The case against Mrs. Sangil-Makasiar unfolded as a series of extensions and unmet deadlines, highlighting the severe impact of her negligence on the judicial process. Here’s a breakdown of the key events:

• November 15, 1993: Stenographic notes taken during the trial of Criminal Case No. 93-129342.
• November 29, 1993: Notice of Appeal filed by the Public Attorney’s Office (PAO) on behalf of the accused.
• March 24, 1994: Notice to File Appellant’s Brief sent to PAO.
• June 27, 1994: The Supreme Court requires Mrs. Makasiar to explain her failure to submit the transcript.
• July 27, 1994: Mrs. Makasiar requests a 30-day extension.
• August 29, 1994: The Court grants a 30-day extension.
• September 21, 1994: Another 30-day extension granted, with a warning that it is the last.
• January 23, 1995: Mrs. Makasiar’s salary is withheld until submission of the transcripts.
• February 24, 1995: Mrs. Makasiar requests a final 10-day extension.
• June 28, 1995: Mrs. Makasiar finally completes the transcription.
• June 29, 1995: Mrs. Makasiar submits the transcript to the Supreme Court.

The Court emphasized the impact of the delay, stating, “Meanwhile, the accused continues to languish in jail.” This highlights the direct consequence of the respondent’s actions on the life and liberty of the accused.

Despite Mrs. Makasiar’s explanation of a heavy workload and domestic responsibilities, the Court found her guilty of dereliction of duty. As the court noted:

“While we may sympathize with the heavy workload of respondent Court Stenographer, coupled with her domestic responsibilities, this is not an adequate excuse to be remiss in the diligent performance of one’s duties as a public servant.”

The court further stated: “Respondent, therefore, cannot accuse this Court of being overly strict towards her. On the contrary, we have been overly lenient.”

Practical Implications and Lessons Learned

This case serves as a stark reminder of the importance of adhering to deadlines and fulfilling one’s duties within the judicial system. The consequences of negligence can be significant, not only for the individuals involved but also for the integrity of the justice system as a whole.

For court stenographers, this case reinforces the need for effective time management, prioritization, and clear communication with the court regarding any potential delays. For lawyers, it underscores the importance of proactively monitoring the progress of transcriptions and promptly addressing any issues that may arise.

Key Lessons:

• Timeliness is Paramount: Court stenographers must prioritize the timely transcription and submission of stenographic notes.
• Communication is Key: Any potential delays should be communicated to the court immediately.
• Accountability Matters: Failure to fulfill one’s duties can result in administrative sanctions.

Imagine a scenario where a crucial piece of evidence is only revealed in the stenographic notes. If those notes are delayed, the entire case could be jeopardized, potentially leading to a wrongful conviction or acquittal.

Frequently Asked Questions

Q: What is dereliction of duty?

A: Dereliction of duty refers to the neglect or intentional failure to perform one’s assigned duties, especially by a public official.

Q: What are the consequences of dereliction of duty for a court stenographer?

A: Consequences can range from fines and salary withholding to suspension or even dismissal, depending on the severity and frequency of the offense.

Q: What is the prescribed timeframe for transcribing stenographic notes?

A: Administrative Circular No. 24-90 requires stenographers to transcribe and attach stenographic notes to the case record within twenty (20) days from the date the notes were taken.

Q: What should a stenographer do if they anticipate a delay in transcribing notes?

A: The stenographer should immediately notify the court and request an extension, providing a valid reason for the delay.

Q: Can personal circumstances be considered as a valid excuse for dereliction of duty?

A: While personal circumstances may be taken into consideration, they are generally not considered a sufficient excuse for neglecting one’s official duties.

Q: What recourse does a lawyer have if a stenographer is delaying the transcription of notes?

A: The lawyer can file a motion with the court to compel the stenographer to submit the transcript or file an administrative complaint against the stenographer.

ASG Law specializes in litigation and administrative law, ensuring accountability and efficiency within the justice system. Contact us or email hello@asglawpartners.com to schedule a consultation.