Basilio v. Dinio (A.M. No. P-09-2700; November 15, 2010)


CASE DIGEST: Atty. NOREEN T. BASILIO, Clerk of Court, Complainant, v. MELINDA M. DINIO, Court Stenographer III, Branch 129, Regional Trial Court, Caloocan City,Respondent.

FACTS: Clerk of Court of Branch 129, Regional Trial Court Caloocan City, accused Court Stenographer Melinda M. Dinio of disrespectful conduct and insubordination due to the latter's refusal to remit to the Office of the Clerk of Court a portion of the amount she received as payment for a copy of her stenographic notes.

From a review of the case records, the Office of the Court Administrator (OCA) found Dinio liable for disrespectful conduct and violation of Section 14, Rule 136 and Section 11, Rule 141 of the Rules of Court (Rules) for the non-remittance of payment of TSN. While the offense committed by Dinio carries a penalty of suspension from one (1) month and 1 day to six (6) months, the OCA deemed it reasonable and sufficient to recommend the imposition of a fine of five thousand pesos (P5,000.00) in order not to hamper office operations. The OCA also recommended that Dinio be given a stern warning that a repetition of the same or similar act shall be dealt with more severely.

ISSUE:

Is Court Stenoghrapher Dinio administratively liable?
HELD: In addressing the allegations against her, respondent excused herself from liability by arguing that her failure to remit the TSN fees was justified by the expenses she incurred in doing most of her transcription at home. Due to the heavy workload and the limited number of stenographers in their court, the respondent admitted, and even took pride in, the fact that she brings home ninety-five percent (95%) of her work. Though one may find commendable her zealousness in bringing home her transcripts for transcription, it is still not an excuse for her not to remit a portion of her collection from requests of copies of TSN. Section 11, Rule 141 of the Rules of Court clearly provides that payment for requests of copies of the TSN shall be made to the Clerk of Court, and that a third of the portion of such payment accrues to the Judicial Development Fund (JDF), with only two-thirds thereof to be paid to the stenographer concerned. Thus, the stenographer is not entitled to the full amount of the TSN fees. Payment likewise cannot be made to her as the payment is an official transaction that must be made to the Clerk of Court.

As correctly observed by the OCA, the respondent's act of bringing stenographic notes to be transcribed at home is irregular and not permitted by law. Section 14, Rule 136 of the Rules of Court states that no record shall be taken from the clerk's office without an order from the court, except as otherwise provided by the rules. Stenographic notes are deemed official documents that form part of the record of a case.In the absence of an authorization from the court, the stenographic notescannot be removed from the record and be brought home, even if the purpose is to work on these notes.

On the charge of disrespectful conduct, respondent displayed her lack of respect to her superior in the reckless and impolite manner she retorted to Atty. Basilio, particularly when she dared her to go to Judge Pe Aguirre's chambers to report her receipt of the money paid. Atty. Basilio, as then Clerk of Court of Branch 129, held a higher rank than the respondent and had every right to enforce and correct what she correctly considered a violation of regulations. Thus, the respondent should have accorded her the respect she deserved even if, at the time the complaint was filed, she had been an official of the court for only eight months. Professionalism, respect for the rights of others, good manners and right conduct are expected of all judicial officers and employees, because the image of the judiciary is necessarily mirrored in their actions.

Melinda M. Dinio, Court Stenographer III, Branch 129, Regional Trial Court, Caloocan City, is found GUILTY of disrespectful conduct and for violation of the provisions of Rules 136 and 141 of the Rules of Court.