The Supreme Court ruled that a court stenographer’s misconduct and neglect of duty, specifically involving unauthorized solicitation related to court publications and delays in transcribing notes, warranted disciplinary action. This decision reinforces the importance of maintaining integrity and efficiency within the judiciary. It serves as a reminder that court employees must avoid any actions that could compromise the impartiality and public trust in the judicial system. Solicitation of funds or services related to court functions, as well as failure to perform assigned duties promptly, are serious breaches of ethical standards.

Conflicts of Interest: Can Court Employees Engage in Side Transactions?

This case revolves around a complaint filed against Nelda Collado-Calizo, a court stenographer in Makati City, for actions deemed prejudicial to the best interest of the service and violations of Republic Act No. 6713, also known as the Code of Conduct and Ethical Standards for Public Officials and Employees. Attys. Fidel R. Racasa and Oliva P. Pedere of the Pastelero Law Office, representing petitioners in an adoption case, alleged that Collado-Calizo engaged in unauthorized solicitations related to the publication of a court order and subsequently neglected her duty to transcribe stenographic notes promptly.

The core issue stems from Collado-Calizo’s involvement in arranging the publication of a court order, a task outside her official duties as a stenographer. She allegedly misrepresented herself as a representative of a newspaper and collected payment for the publication. This action raised concerns about potential conflicts of interest and abuse of her position. Furthermore, the subsequent delay in transcribing her stenographic notes added another layer to the complaint, suggesting a possible act of retaliation or neglect of duty. The Supreme Court’s decision hinged on whether Collado-Calizo’s actions constituted misconduct and neglect of duty, thereby violating the ethical standards expected of a court employee.

The complainants, Attys. Racasa and Pedere, detailed two main incidents. First, after a court order was issued for the publication of a notice, Collado-Calizo allegedly approached them, claiming to represent the newspaper selected for publication. She collected payment for the publication but later, a representative from another newspaper contested this claim, leading to a dispute. The second incident involved a delay in the transcription of stenographic notes from a hearing. Complainants alleged that Collado-Calizo deliberately delayed the transcription due to the earlier conflict over the publication matter. These incidents formed the basis of the administrative complaint against Collado-Calizo.

Collado-Calizo defended herself by claiming that Atty. Racasa had contacted her for assistance with the publication, as time was running short. She denied misrepresenting herself as a newspaper representative and stated that she showed her Supreme Court ID to Atty. Racasa. Regarding the delay in transcription, she claimed it was due to being on leave and that a colleague mistakenly approached Atty. Pedere for advance payment for the transcription. She submitted an affidavit from her colleague to support her claim. However, the Court found these explanations unconvincing.

The Supreme Court sided with the complainants, finding Collado-Calizo guilty of simple misconduct and neglect of duty. The Court emphasized that Collado-Calizo’s actions in involving herself in the publication of the court notice were inappropriate, as this task falls under the purview of the Clerk of Court. The Court found it difficult to believe that Collado-Calizo was merely trying to be helpful, especially since she did not elaborate on how she could assist with the publication. Additionally, the Court noted the inconsistency in Collado-Calizo’s claim that Atty. Racasa knew she was a court employee from the beginning, yet she still found it necessary to present her ID.

The Court underscored the importance of ethical conduct for all members of the judiciary, stating that they must avoid any situation that could cast suspicion on their conduct. Collado-Calizo’s actions in taking an undue interest in the publication of a court notice and misrepresenting herself as a newspaper representative were deemed a transgression of established rules, thus constituting misconduct. This conduct was a violation of R.A. No. 6713, §7(a), which prohibits public officials and employees from having a financial or material interest in any transaction requiring the approval of their office. Moreover, Section 5(a) of the same act requires public officials and employees to act promptly and expeditiously in the performance of their functions.

Furthermore, the Court found Collado-Calizo guilty of neglect of duty for failing to transcribe her stenographic notes within the prescribed period. Administrative Circular No. 24-90 mandates stenographers to transcribe and attach their notes to the case record within twenty days from the date the notes were taken. Collado-Calizo failed to meet this deadline. While there were claims of an advance for the transcription of the notes, the Court found the evidence insufficient to prove that Collado-Calizo asked the complainants for advance payment for her TSN.

In determining the appropriate penalty, the Court considered previous cases involving similar offenses. In Guillen v. Constantino, a court employee found guilty of simple misconduct was fined P5,000.00. Similarly, in two other cases involving failure to transcribe stenographic notes within the required period, the Court imposed a fine of P3,000.00 on the stenographers found guilty of simple neglect of duty. Considering these precedents, the Court imposed a fine of P5,000.00 for simple misconduct and P3,000.00 for neglect of duty on Collado-Calizo, along with a warning that future similar acts would be dealt with more severely.

FAQs

What was the key issue in this case?	The key issue was whether the court stenographer’s actions of soliciting business related to court publications and delaying transcription of notes constituted misconduct and neglect of duty, violating ethical standards for public employees.
What is Republic Act No. 6713?	Republic Act No. 6713, also known as the Code of Conduct and Ethical Standards for Public Officials and Employees, sets standards for ethical behavior in government service, including prohibitions on conflicts of interest and requirements for prompt performance of duties.
What does Administrative Circular No. 24-90 require?	Administrative Circular No. 24-90 mandates court stenographers to transcribe their stenographic notes and attach the transcripts to the record of the case within twenty days from the date the notes were taken.
What constitutes misconduct in this context?	In this context, misconduct refers to the court stenographer’s transgression of established rules by engaging in unauthorized solicitation related to court publications and misrepresenting herself as a newspaper representative.
What constitutes neglect of duty in this context?	Neglect of duty refers to the court stenographer’s failure to transcribe her stenographic notes within the twenty-day period prescribed by Administrative Circular No. 24-90, demonstrating a lack of diligence in performing her duties.
What was the Supreme Court’s ruling?	The Supreme Court found the court stenographer guilty of simple misconduct and neglect of duty, imposing fines of P5,000.00 and P3,000.00, respectively, and warning against future similar acts.
What is the significance of this ruling?	This ruling reinforces the importance of maintaining ethical standards within the judiciary and ensures that court employees adhere to their duties promptly and impartially, preserving public trust in the judicial system.
What should court employees avoid to prevent similar issues?	Court employees should avoid engaging in any activities that could create conflicts of interest, such as soliciting business related to court functions, and must ensure they perform their duties, including timely transcription of notes, with diligence and impartiality.

This case highlights the critical need for court personnel to uphold the highest standards of ethical conduct and efficiency. The Supreme Court’s decision serves as a stern warning against actions that undermine the integrity of the judiciary and emphasizes the importance of adhering to established rules and regulations. By avoiding conflicts of interest and diligently performing their duties, court employees can contribute to maintaining public trust and ensuring the fair administration of justice.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Attys. Fidel R. Racasa and Oliva P. Pedere vs. Nelda Collado-Calizo, A.M. No. P-02-1574, April 17, 2002