G.R. No. P-03-1707. July 27, 2004
Acting Executive Judge Henri JP Inting, complainant, vs. Lani D. Borja, Court Stenographer, MeTC, Branch 33, Quezon City, respondent.

FACTS

This administrative matter originated from a complaint against a sheriff. The case was referred for investigation to the Quezon City MeTC Executive Judge. During the investigation, complainant Abdal M. Sarip testified on May 28, 2001. The stenographic notes of his testimony, taken by respondent Lani D. Borja, were lost. Borja reported that her backpack, containing the notes, was snatched while she was on board a jeepney on June 21, 2001. She filed a police report regarding the incident. Due to the loss, the testimony needed to be retaken, but Sarip repeatedly failed to appear, ultimately stalling the investigation into the original complaint.
The Office of the Court Administrator (OCA) evaluated the matter. It recommended dismissing the case against the sheriff for lack of merit. However, concerning the lost notes, the OCA recommended treating it as a separate administrative case against Borja for negligence. The OCA found that Borja failed to seek prior permission to bring the court records home and failed to provide proper safeguards for them while in transit.

ISSUE

Whether respondent Lani D. Borja is administratively liable for the loss of the stenographic notes.

RULING

Yes, respondent is guilty of Simple Neglect of Duty. The Court agreed with the OCA’s findings and recommendation. Simple Neglect of Duty is defined as the failure to give attention to a task expected of an employee, signifying a disregard of duty from carelessness or indifference. Borja’s actions—bringing the official stenographic notes home without prior authorization from her superior and failing to take adequate measures to protect these sensitive court records while commuting—demonstrated precisely such carelessness and indifference to her responsibilities.
The loss of the notes directly impeded the administrative proceedings, necessitating a retaking of testimony which then could not be completed. While the snatching was a fortuitous event, Borja’s antecedent negligence in improperly handling and transporting the court records made the loss possible. Her explanation and the police report do not absolve her of this foundational failure in her duty. As this was her first offense, the penalty of suspension for one month and one day without pay is appropriate, conforming to the sanctions for a first instance of this less grave offense under pertinent civil service rules. The Court imposed the penalty with a stern warning against repetition.