G.R. No.: A.M. No. P-10-2829; June 21, 2011
Case Parties/Title: JUDGE EDILBERTO G. ABSIN, Complainant, vs. EDGARDO A. MONTALLA, Stenographer, Regional Trial Court, Branch 29, San Miguel, Zamboanga Del Sur, Respondent.

FACTS

This administrative case originated from a letter-complaint filed by Presiding Judge Edilberto G. Absin against respondent Edgardo A. Montalla, a stenographer in the same court. The complaint charged Montalla with neglect of duty for failing to submit the required transcripts of stenographic notes (TSNs) for several hearing dates in 2004, 2005, and 2006 in CA- G.R. No. 01280 -MIN (Heirs of Victoriano Magallanes, et al. v. Ernesto Pono and Crispina Pono), despite repeated reminders from the court and a directive from the Court of Appeals. Montalla admitted to being the stenographer who took the notes and to having been repeatedly reminded by the judge and clerk of court to transcribe them. His defense was that poor health (pulmonary tuberculosis, peptic ulcer, and diabetes) prevented him from performing his tasks. The Office of the Court Administrator (OCA) noted that Montalla had a prior administrative case (Office of the Court Administrator v. Montalla, A.M. No. P-06-2269) where he was found guilty of simple neglect of duty for a more than three-year delay in submitting TSNs, fined, and sternly warned. In the present case, even after the Court gave him a final chance to submit the TSNs via a Resolution dated February 9, 2011, Montalla still failed to submit them, reiterating only his health issues in his response.

ISSUE

Whether respondent Edgardo A. Montalla is administratively liable for Gross Neglect of Duty for his repeated and prolonged failure to submit the required transcripts of stenographic notes.

RULING

Yes, the Supreme Court found respondent Edgardo A. Montalla GUILTY of GROSS NEGLECT OF DUTY. The Court emphasized that the duty of a stenographer to transcribe and deliver TSNs within 20 days from the hearing, as mandated by Administrative Circular No. 24-90 and Section 17, Rule 136 of the Revised Rules of Court, is essential to the prompt administration of justice. Montalla’s failure to submit the TSNs taken from 2004 to 2006, despite repeated reminders and directives spanning years (2009, 2010, 2011), and despite a prior warning for a similar infraction, constituted an utter disregard of his duties. His excuse of poor health was deemed insufficient to justify the years of delay, which hampered the disposition of the case and violated the public trust inherent in his office. Given the gravity of the offense and his recidivism, the Court imposed the penalty of DISMISSAL FROM SERVICE, with forfeiture of retirement benefits (except accrued leave credits) and disqualification from reemployment in the Judiciary. The Court also ordered Montalla to submit the overdue TSNs within thirty (30) days under pain of contempt.