The Supreme Court en banc has dismissed a court stenographer of a Regional Trial Court in Silay City, Negros Occidental, for gross negligence of duty.

Silay RTC Branch 69 Judge Felipe G. Banzon had filed the complaint against Ruby B. Hechanova, Court Stenographer III,   for her continued refusal to transcribe her stenographic notes.

“As a stenographer, she should have realized that the performance of her duty is essential to the prompt and proper administration of justice, and her inaction hampers the administration of justice and erodes public faith in the judiciary,” the SC said.

In its resolution penned by Chief Justice Reynaldo Puno promulgated April 8 and posted on its website yesterday, the SC dismissed  Hechanova  from the service, “with forfeiture of all benefits and privileges except accrued leave credits, if any, with prejudice to re-employment in any branch or agency of the government, including government-owned and controlled corporations.”

In a letter to the SC dated Feb. 1, 2001, Banzon said his efforts to expedite the promulgation of decisions in his sala have been hampered by Hechanova’s indifference and refusal to perform her duty. 

Despite orders issued by him for Hechanova to transcribe the stenographic notes with a warning that she would be held in contempt and ordered arrested, the judge said, she still refused to comply.

This prompted him to file the letter recommending Hechanova’s dismissal, Banzon said.

Hechanova on Feb. 6, 2001, wrote a letter of resignation addressed to the Court Administrator stating that she could no longer bear the unreasonable pressure and discriminatory acts of Banzon.

On Nov. 20, 2002, SC said it received a letter from Hechanova stating that she had already submitted all the transcripts of stenographic notes (TSNs) requested by the judge and  she had voluntarily resigned from work on Feb. 6, 2001.

NO PROOF OF SUBMISSION

She, however, failed to submit proof showing that she had indeed submitted the concerned notes, the SC resolution said.

The judge  informed the SC, through a letter dated June 24, 2003, that while Hechanova  transcribed and submitted transcripts of court proceedings, these were done subsequent to the court's issuance of warrants of arrest for her and that to date, she has still ignored several orders directing her to complete the TSNs of 18 other cases.

On Nov. 6, 2003 the Office of the Court Administrator held that Hechanova’s acts violated Administrative Circular No. 24-90, which requires stenographers to transcribe all stenographic notes not later than 20 days from the time the notes were taken; and disallows the resignation of stenographers without having transcribed all TSNs taken by them.

ARREST BY NBI ORDERED

On Jan. 26, 2004, the Court issued a resolution directing the National Bureau of Investigation to arrest and detain respondent until she has finished transcribing all the stenographic notes required of her, the SC said.

Hechanova asked for reconsideration of the SC resolution stating: that she already submitted the TSNs covered by the administrative case; that complainant told her that some of the cases were already decided or dismissed; and in civil cases, the testimonies were retaken because some of the stenographic notes she took cannot be located anymore.

Hechanova also said she had just suffered the recent death of her husband and she did not want her parents, who are old and sickly, to worry about her being detained.

HUMANITARIAN REASON

In a resolution dated November 17, 2004, the SC, for humanitarian reasons, resolved to hold in abeyance for a period of 90 days, the enforcement of the directive to the NBI to arrest and detain Hechanova.

She was given 90 days to finish and submit to the Clerk of Court of RTC Branch 69 all the TSNs of 74 hearings enumerated in the resolution. The SC also directed the immediate suspension of Hechanova without pay pending resolution of the administrative complaint.

But after the lapse of 90 days from her receipt of the SC resolution, Hechanova still had not complied, the SC said.

The SC in a resolution dated July 27, 2005, directed the NBI to arrest and detain Hechanova at the Silay City Jail until she finishes the transcription of the required stenographic notes.

ACCUSED MISSING

But on Dec. 6, 2007, the SC received NBI Agent Cortez's 1st endorsement stating that they could not locate Hechanova prompting the resolution finding respondent guilty of gross neglect of duty.

The fact that she filed a resignation letter on Feb. 6, 2001 cannot excuse her from liability, the SC said.

Administrative Circular No. 24-90 states that no stenographer shall be allowed to resign from the service or allowed to retire optionally without having transcribed all transcript of stenographic notes taken. A stenographer due for compulsory retirement must submit to the Judge/Clerk all pending transcribed stenographic notes, three  months before retirement date, the SC also pointed out.*CPG

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