Dismissal for Neglect: Court Stenographers Must Submit Transcripts on Time

The Supreme Court has ruled that a court stenographer's repeated failure to submit transcribed stenographic notes within the prescribed period constitutes gross neglect of duty, a grave offense punishable by dismissal from service. The ruling in Nuezca v. Verceles (A.M. No. P-19-3989, June 25, 2019) underscores the heavy responsibility placed on court personnel whose work is essential to the prompt administration of justice.

The Facts

The case arose from a criminal complaint filed by Renato Nuezca against Merlita R. Verceles, a Stenographer III at Branch 49 of the Regional Trial Court in Urdaneta City, Pangasinan. Nuezca was the father of the private complainant in a criminal case for reckless imprudence resulting in serious physical injuries.

The prosecution formally offered its evidence in 2005, and the case was deemed submitted for decision in 2009. However, the trial court discovered that the transcript of stenographic notes was incomplete, forcing it to order the retaking of testimonies. Verceles repeatedly failed to submit the required transcripts despite being given several opportunities to comply. The case was postponed multiple times between 2011 and 2012, and the retaking of witnesses' testimonies was ordered anew in 2013.

Verceles still failed to produce the complete transcript, submitting only the notes for one of two witnesses. By 2015, the case remained unresolved, prompting Nuezca to file an administrative complaint against her.

The Defense

In her defense, Verceles attributed her failure to old age and deteriorating health, including back and knee pain, hearing difficulties, high blood pressure, and frequent migraines. She also claimed that the court's small office space and lack of a records room caused her to misplace her original notes despite repeated searches.

She further noted that she had served the trial court for more than 25 years and had filed a request for optional retirement effective July 1, 2016, citing health reasons.

The Ruling

The Supreme Court found Verceles guilty of gross neglect of duty and dismissed her from service. The Court emphasized that a stenographer is an officer of the Court burdened with great responsibilities, and neglect of those duties can result in delays in the administration of justice.

Under Supreme Court Administrative Circular No. 24-90, stenographers are required to transcribe all stenographic notes and attach the transcripts to the case record not later than 20 days from the time the notes are taken. The Court noted that Verceles took four years to comply with the court's order, and even then, she completed only one of two required transcripts.

The Court rejected Verceles' excuses, noting that this was not her first offense. She had previously been penalized in three separate administrative cases for failing to transcribe stenographic notes. Her repeated lapses demonstrated a "total absence of concern over the consequences of her lapses" and a habit so serious as to endanger public welfare.

The Court also denied Verceles' request for optional retirement. Under Administrative Circular No. 24-90, no stenographer may be allowed to resign or retire optionally without having transcribed all stenographic notes taken. Her retirement benefits were forfeited, and she was perpetually disqualified from holding any public office.

Practical Takeaways

• Strict deadlines apply. Court stenographers must submit transcribed stenographic notes within 20 days from the time the notes are taken, as required by Administrative Circular No. 24-90.
• Gross neglect is a grave offense. Under the 2017 Revised Rules on Administrative Cases in the Civil Service, gross neglect of duty is punishable by dismissal even for a first offense.
• Prior offenses matter. A pattern of repeated failures can elevate simple neglect to gross neglect, warranting the ultimate penalty.
• Health issues are not a defense. Physical illness is not a mitigating circumstance in offenses punishable by dismissal from service.
• Retirement is not an escape. A stenographer cannot retire or resign without clearing all pending transcripts, and retirement benefits may be forfeited upon dismissal.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.