Case Digest: MARCIAL GALAHAD T. MAKASIAR v. FE L. GOMINTONG

MARCIAL GALAHAD T. MAKASIAR v. FE L. GOMINTONG

467 SCRA 411 (2005)

A Clerk III is duty bound to ensure the proper filing and keeping of transcript of stenographic notes.

Complainant Galahad Makasiar (Makasiar), Clerk of Court V of the Regional Trial Court (RTC) of Quezon City inquired from respondent Fe Gomintong (Gomintong), Clerk III of the same court, about the transmittal of the records of the Conol case upon which Gomintong informed him that all the transcript of stenographic notes (TSNs) of the case were missing. Makasiar then filed a complaint against Gomintong for gross neglect of duty.

The initial investigation showed that Gomintong, who is charged with filing and taking custody of all TSNs of all cases, knew that the TSNs were already missing but that she did not report the same. Makasiar later filed a request for the withdrawal of his complaint, out of compassion, the TSNs in the Conol case having already been re-transcribe.

The Office of the Court Administrator (OCA), however, found that Gomintong was remiss in the discharge of her duties. And it too found that Makasiar, who has control and supervision over all court records including exhibits, properties and supplies, was remiss in the performance of his duties; and that the loss of the TSNs reflects an inefficient and disorderly system of keeping case records and the lack of close supervision by Makasiar over his subordinate personnel in the performance of their duties. The OCA thus recommended that Gomintong be reprimanded and that Makasiar be advised to exercise closer supervision.

ISSUE:

Whether or not Gomintong is liable for the loss of the TSNs and thus warrants her suspension

HELD:

One of the functions of the 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 TSNs, the responsibility of insuring their proper filing and keeping of which lies on her, reflects her failure to faithfully discharge her functions. Her explanation of not complying with Makasiar’s instruction to file the TSNs in separate folders-shortage of folders, fasteners and the like-even if true, does not mitigate her responsibility for the loss. Neither does the re-transcription of the TSNs, for the loss of the TSNs did not only cost manpower time but caused a delay in the disposition of the Conol case and compromised the people’s faith in the judiciary.

Makasiar is not, of course, without his share of the blame for the loss of the TSNs because it is his duty to supervise all subordinate personnel to ensure that they perform their duties well.

Gomintong is found GUILTY of simple neglect of duty and is SUSPENDED from the service for 1 month and 1 day, effective immediately, with a stern warning that a repetition of the same or similar offense will be dealt with more severely.