A.M. No. MTJ-06-1649; September 12, 2007
Ang Kek Chen, Complainant, vs. Judge Cristina F. Javalera-Sulit and Stenographer Primitiva A. Caliao-Gloria, Respondents.

FACTS

Complainant Ang Kek Chen, the accused in Criminal Case No. 367476 for unjust vexation, filed an administrative complaint against Judge Cristina F. Javalera-Sulit and Stenographer Primitiva A. Caliao-Gloria for gross misconduct. He alleged that after the March 26, 2004 hearing, he paid Gloria a down payment for the stenographic notes (TSN), with the understanding these would be ready in one week. Gloria failed to deliver them. Complainant filed urgent motions before Judge Sulit, but the TSN was only received on May 13, 2004, with a revised version on May 20, 2004, both allegedly containing inaccuracies not reflecting the verbatim proceedings.
Complainant further alleged that Judge Sulit failed to act promptly on his motions and, when he requested a copy of the audio recording and later asked for her assistance in having the OCA designate an expert stenographer, she refused and reportedly raised her voice. He also accused her of releasing orders antedated and of not initiating disciplinary action against the opposing counsel and prosecutor for unprofessional conduct.

ISSUE

Whether respondents Judge Sulit and Stenographer Gloria are administratively liable for the alleged irregularities in the transcription and handling of the stenographic notes and the proceedings in Criminal Case No. 367476.

RULING

The Court dismissed the charges against Judge Sulit but found Stenographer Gloria liable for simple neglect of duty. Regarding Judge Sulit, the Court found no substantial evidence to support the allegations of misconduct. The records showed she issued an Order on April 28, 2004, directing Gloria to transcribe the notes within five days, and another Order on June 1, 2004, granting complainant’s request for a copy of the tape recording. Her explanation that she could not order the OCA to transcribe the notes, as she lacked authority, was legally sound. The claim of antedated orders was disproven by certifications from court personnel. Her decision to defer action on the disciplinary request against other lawyers, pending the filing of appropriate pleadings, was a proper exercise of judicial discretion.
In contrast, Stenographer Gloria admitted the delay in submitting the TSN beyond the 20-day period required by the rules. Her justification—having other urgent matters—did not excuse the failure to comply with a clear procedural mandate aimed at ensuring the speedy disposition of cases. This constituted simple neglect of duty. Considering her length of service and the absence of a prior administrative record, the Court imposed a fine of Five Thousand Pesos (₱5,000.00) with a warning.