A.M. No. P-1657. August 27, 1981. BARTOLOME MACARAEG, complainant, vs. OSCAR BERMUDEZ, Clerk of Court, Court of Agrarian Relations, Branch VI, Paniqui, Tarlac, respondent.
FACTS

Complainant Bartolome Macaraeg filed an administrative complaint against respondent Oscar Bermudez, Clerk of Court of the Court of Agrarian Relations (CAR) in Paniqui, Tarlac, for failure to transmit the complete records of CAR Case No. 2628-T-73 to the Court of Appeals within the non-extendible 15-day period mandated by Section 18 of Presidential Decree No. 946. The notice of appeal was filed on May 5, 1977. Upon verification, the complainant discovered the records were still with the CAR. Following a request from the complainant, the Court of Appeals issued a letter-order on June 14, 1977, directing the respondent to forward the records within five days. The records were ultimately received by the appellate court only on June 27, 1977, resulting in a significant delay.
In his defense, respondent Bermudez explained that it was court policy to prepare a certified true copy of appealed records to retain for reference. He attributed the delay to the heavy workload of the stenographers and, critically, to the fact that the original transcripts remained untranscribed because the stenographer who took the notes, Leonora Garcia, had resigned in December 1976. Respondent claimed efforts were made to contact her without success, as she was busy with her new job. He asserted no deliberate intent to delay and suggested the complaint was harassment from a losing landowner party.

ISSUE

Whether respondent Clerk of Court Oscar Bermudez is administratively liable for the delay in transmitting the case records to the Court of Appeals.

RULING

Yes, the respondent is administratively liable, though mitigated circumstances warrant leniency. The Court found respondent remiss in his supervisory duties as Clerk of Court. He failed to ensure that stenographer Leonora Garcia transcribed her notes before her resignation or to make sufficient arrangements for their transcription afterward. A clerk of court must prescribe office procedures to ensure strict compliance with reglementary periods, such as the 15-day transmittal period under P.D. No. 946. Respondent’s lack of closer supervision directly contributed to the delay.
However, the Court applied the principle of command responsibility in a qualified manner, noting that even the closest supervision cannot absolutely prevent subordinate negligence. The respondent demonstrated some corrective effort by attempting to locate the former stenographer. Furthermore, the delay, while undue, did not cause appreciable harm to the complainant, as the records were eventually forwarded and the appeal could proceed. Consequently, the Court deemed a severe penalty unwarranted. Respondent Oscar Bermudez was ADMONISHED to exercise closer supervision and greater vigilance over his subordinates, with a warning that a repetition would be dealt with more severely.