G.R. No.: A.M. No. P-14-3259 (Formerly OCA IPI No. 14-4302-P)
Date: November 28, 2019

Case Parties: Complaint against Emiliana A. Lumilang, Court Interpreter III, Regional Trial Court, Branch 10, Malaybalay City, Bukidnon.

FACTS

On October 7, 2008, the Office of the Court Administrator (OCA) received an anonymous complaint charging respondent Emiliana A. Lumilang, Court Interpreter III of RTC-Branch 10, Malaybalay City, Bukidnon, with incompetence and misconduct. The complaint alleged that respondent had a very poor command of the English language, resulting in erroneous translations of testimonies from Visayan to English in the transcripts of stenographic notes (TSNs), to the extent that lawyers themselves had to intervene to ensure correct recordings. It was further alleged that her incompetence could jeopardize cases, potentially leading to wrongful imprisonment. The complaint also cited an incident where respondent arrogantly replied to a lawyer’s request for TSNs by stating, “I have a lot of work to do, I am fed up, I cannot do it anymore.”
In her Comment, respondent countered that her duty was to translate what she heard during hearings, not to transcribe stenographic notes, and that she had been performing her duties faithfully. The case was initially referred for investigation to Executive Judge Josefina G. Bacal, who recommended dismissal after over two years. The OCA, finding the report insufficient, referred the case to Acting Executive Judge Dennis Z. Alcantar for a more thorough investigation.
Acting Executive Judge Alcantar’s investigation, which included interviews with court personnel and lawyers, revealed that respondent was indeed incompetent in her role as court interpreter, consistently failing to accurately translate testimonies from Visayan to English. Regarding the alleged arrogant conduct, Judge Alcantar noted it could no longer be ascertained due to the lapse of time since the 2008 incident. The OCA, in its report, found sufficient evidence of respondent’s incompetence, noting attestations from Atty. Isidro Caracol and Atty. Iris Tumampos-Panganiban about her recklessness and mistakes, her “Unsatisfactory” performance rating for January-June 2009, and her failure to improve despite complaints.

ISSUE

Whether respondent Emiliana A. Lumilang is administratively liable for inefficiency and incompetence in the performance of her official duties as Court Interpreter III.

RULING

Yes, the Court found respondent GUILTY of inefficiency and incompetence in the performance of official duties. The Court adopted the factual findings and recommendation of the OCA, emphasizing that public officers, especially those in the Judiciary, must serve with responsibility, integrity, and efficiency. Respondent’s failure to accurately translate testimonies, her poor command of English, and her lack of improvement despite complaints and an unsatisfactory performance rating constituted a violation of the exacting standards required of a court employee. Such incompetence is grave as erroneous interpretations can affect case outcomes.
Under Section 46(B) of the Revised Rules on Administrative Cases in the Civil Service, inefficiency and incompetence is a grave offense punishable by suspension of six months and one day to one year for the first offense. However, considering this was respondent’s first infraction and exercising discretion to temper the penalty with mercy, the Court imposed a suspension of three (3) months without pay, effective immediately, with a STERN WARNING that a repetition shall be dealt with more severely. The Court did not hold her liable for the alleged arrogant conduct due to lack of substantiating evidence.