In Makasiar v. Gomintong, the Supreme Court addressed the administrative liability of a court employee for neglect of duty, emphasizing the critical role of diligence in maintaining court records. The Court found a Clerk III responsible for the loss of transcripts of stenographic notes (TSNs), resulting in a suspension. This ruling underscores the judiciary’s commitment to upholding the integrity of court processes and ensuring accountability among court personnel, thus safeguarding the efficiency and reliability of the justice system.

Lost in Transcription: Can a Court Clerk Be Held Liable for Missing Records?

This case arose from a verified complaint filed by Marcial Galahad T. Makasiar, the Clerk of Court V of the Regional Trial Court (RTC) of Quezon City, Branch 89, against Fe L. Gomintong, a Clerk III in the same court. The charge was gross neglect of duty relating to the loss of transcripts of stenographic notes (TSNs) in a civil case, Jun-Jun Conol v. Lelita Conol, which involved the nullity of marriage. The Office of the Solicitor General had filed a Notice of Appeal, and the trial court ordered the elevation of the case records to the Court of Appeals.

The central issue began when the complainant inquired about the transmittal of the records and discovered that all the TSNs were missing. The respondent, who was responsible for filing and maintaining custody of all TSNs, admitted that she knew the TSNs were missing as early as the first week of February 2003 but failed to report it. Despite instructions to keep TSNs in a separate folder, the respondent did not comply, citing a shortage of supplies. The complainant argued that the missing TSNs hindered the transmittal of the case records and required the stenographers to re-transcribe their notes.

The Office of the Court Administrator (OCA) investigated the matter and found that the respondent was indeed remiss in her duties, even though the loss appeared unintentional. The OCA also noted that the complainant, as the Branch Clerk of Court, shared some responsibility for the inefficient record-keeping system and lack of supervision over subordinate personnel. The Supreme Court agreed with the OCA’s findings, emphasizing the importance of maintaining a systematic filing system. The Court referenced Chapter VI of the 2002 Revised Manual for Clerks of Court, which outlines the duties of a Clerk III, including the systematic filing of cases.

The Supreme Court stated:

Chapter VI of the 2002 Revised Manual for Clerks of Court provides that one of the functions of a Clerk III is to “maintain [a] systematic filing of criminal cases, civil cases, special civil actions, land registration cases and administrative cases.” The loss of the TSNs, the responsibility of insuring their proper filing and keeping of which lies on respondent, reflects her failure to faithfully discharge her functions.

The Court found the respondent’s explanations, such as the shortage of folders and fasteners, insufficient to excuse her failure to properly maintain the records. The re-transcription of the TSNs did not mitigate the gravity of the offense, as the loss caused delays and compromised public trust in the judiciary. The Court also dismissed the respondent’s suggestion that the loss occurred during the remarking of exhibits, stating that she failed to provide any details to support this claim.

The Supreme Court determined that the respondent was liable for simple neglect of duty, which is classified as a less grave offense under the Uniform Rules on Administrative Cases. The Court cited Section 52.B.1 of the rules, which stipulates that the penalty for simple neglect of duty is suspension of one month and one day to six months for the first offense. Ultimately, the Court suspended the respondent for one month and one day, with a stern warning against future similar offenses. The Court also addressed the complainant’s role in the matter, reminding Clerks of Court of their duty to supervise subordinate personnel and ensure an orderly record management system. The Court noted:

For as Clerk of Court-custodian of judicial records, it is his duty to safely keep all records, papers, files, exhibits and public property committed to his charge and ensure an orderly and efficient record management system in the court. And as administrative officer of the court, it is his duty to supervise all subordinate personnel to ensure that they perform their duties well.

This ruling reinforces the significance of diligence and accountability in court administration. It clarifies that court personnel are responsible for maintaining accurate and organized records, and failure to do so can result in administrative sanctions. The case also highlights the supervisory role of Clerks of Court in ensuring that all personnel adhere to proper record-keeping procedures. By holding court employees accountable for their actions, the Supreme Court aims to enhance the efficiency and reliability of the justice system.

FAQs

What was the key issue in this case?	The key issue was whether a Clerk III could be held administratively liable for the loss of transcripts of stenographic notes (TSNs) and, if so, what the appropriate penalty should be.
What is simple neglect of duty?	Simple neglect of duty is a less grave offense under the Uniform Rules on Administrative Cases, referring to the failure to exercise the care, diligence, and competence expected of a public employee in the performance of their duties.
What penalty did the respondent receive?	The respondent, Fe L. Gomintong, was suspended from service for one month and one day, with a stern warning that a repetition of the same or similar offense would be dealt with more severely.
What are the responsibilities of a Clerk III in the Philippines?	A Clerk III is responsible for maintaining a systematic filing of criminal cases, civil cases, special civil actions, land registration cases, and administrative cases, according to the 2002 Revised Manual for Clerks of Court.
What was the role of the complainant in this case?	The complainant, Marcial Galahad T. Makasiar, was the Clerk of Court V, who filed the administrative complaint against the respondent for gross neglect of duty. He was also reminded by the Court to exercise closer supervision over court personnel.
What is the significance of the Office of the Court Administrator (OCA) in this case?	The OCA investigated the complaint and made recommendations to the Supreme Court regarding the administrative liability of the respondent and the supervisory responsibilities of the complainant.
Why was the respondent’s explanation not considered sufficient?	The respondent’s explanations, such as the shortage of supplies and the possibility of the loss during the remarking of exhibits, were not considered sufficient because they did not excuse her failure to properly maintain the records and lacked supporting details.
What is the broader implication of this ruling for court employees?	This ruling emphasizes the importance of diligence, accountability, and proper record-keeping practices for all court employees to ensure the efficiency and reliability of the justice system.

In conclusion, the Supreme Court’s decision in Makasiar v. Gomintong serves as a reminder of the importance of diligence and accountability within the judiciary. Court personnel must adhere to established procedures for record-keeping, and supervisors must ensure that these procedures are followed. This case underscores the commitment to maintaining the integrity of court processes and upholding public trust in the justice system.

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: MARCIAL GALAHAD T. MAKASIAR v. FE L. GOMINTONG, A.M. NO. P-05-2061, August 19, 2005