G.R. No. L‑3204
December 17, 1906
FACTS
The United States appealed the conviction of Flaviano Salanatin (alias Ano). The appellate record consisted only of the “answers” of witnesses, without the corresponding questions asked during direct or cross‑examination. The record also included a certification by a person who signed as “interpreter,” attesting that the written answers were a correct translation of the court’s longhand notes taken during the stenographer’s absence. No certification by the official stenographer was present, nor were the written testimonies signed by the witnesses, the trial judge, and attested by the clerk as required.
ISSUE
Whether the testimonial material submittedlacking the prescribed certification by the official stenographer or the required signatures and clerk’s attestationconstitutes a valid and admissible record for appellate review under Section 32 of General Orders No. 58.
RULING
The Supreme Court held that, under Section 32 of General Orders No. 58, testimony taken in shorthand must be certified by the official stenographer to be prima facie evidence; absent such certification, the testimony must be reduced to writing and signed by the witness, the trial judge, and duly attested by the clerk. Because the record failed to meet either requirement, it could not be considered a correct statement of the facts. Consequently, the lower court’s judgment was set aside and the case remanded for a new trial, with instructions that the trial court receive and admit testimony in the manner prescribed by law. No special costs were awarded.
Concurrence: Justices Torres, Mapa, Carson, and Tracey.
Dissent: Justice Willard.
Justice Johnson did not sit.