A.M. No. P-01-1485 - OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. ATTY. MARIE YVETTE GO, BRANCH CLERK OF COURT AND PHOEBE PELOBELLO, COURT STENOGRAPHER III, BOTH OF THE REGIONAL TRIAL COURT, BRANCH 25, ILOILO CITY.R E S O L U T I O N - Supreme Court E-Library

Ruling

WHEREFORE, it is respectfully prayed of this Honorable Court that respondents be found liable for gross neglect of duty and insubordination and be meted the appropriate penalty." [1] On April 7, 1997, Gredia G. Alajar filed a letter-complaint [2] with the Department of Justice charging respondents Clerk of Court Magdalena Lometillo and Assistant Clerk of Court Gerry Sumaculub with gross neglect of duty relative to Civil Case No. 14254, entitled People of the Philippines versus Perla A. Enalao, et. al. In her complaint, Gredia Alajar alleged that there has been a delay of more than eighteen (18) months in the transmittal of the record of Case No. 14254 from the Regional Trial Court, Branch 25, Iloilo City to the Court of Appeals, Manila. During the investigation of the case, on October 5 , 2000, the Executive Judge discovered that Atty. Magdalena Lometillo, the Clerk of Court, and Atty. Gerry Sumaculub, Assistant Clerk, had no hand in the delay incurred in Branch 25 , [3] where Atty. Marie Yvette Go was the Branch Clerk of Court and Phoebe Pelobello was the Court Stenographer. On October 12, 2000, Stenographer Pelobello admitted that there was a delay in the transmittal of the record because she could not find her transcripts after they transferred to another office. She found her notes attached to other records. When required by the Court of Appeals to show cause and explain why her salary should not be ordered suspended for failure to comply with the resolution dated September 27, 1999 requiring her to submit the transcript of stenographic notes taken on January 9, 1990, Pelobello admitted that she did not submit any explanation. [4] When asked if she knew that she was the cause of the delay in the resolution of the case, she said that she was not aware of that. She further explained that there was no reminder for her to submit the transcripts. [5] Thus, Court Stenographer Pelobello transmitted the transcript only on September 1, 2000. On October 16, 2000, Executive Judge Tito G. Gustillo submitted the following report and recommendation: "The delay of One (1) year, Six (6) months and Two (2) days was incurred by RTC, Branch 25 , Iloilo City because Court Stenographer Phoebe Pelobello misplaced her transcript of stenographic notes taken on January 9, 1990 in Civil Case No. 14254 entitled "People of the Philippines versus Perla Enalao, et al." "The order of the Court dated January 15 , 1997 issued by Judge Bartolome M. Fañunal, Presiding Judge, RTC, Branch 25 directing stenographer to submit her stenographic notes within One (1) week from receipt of said Order as well as the Resolution of the 15th Division, Court of Appeals dated March 13, 2000 requiring Stenographer Phoebe Pelobello to comply with the Resolution dated September 27, 1999 and March 3, 1999 and to show cause within ten (10) days from notice why payment of salary shall be suspended notwithstanding, the said Court Stenographer failed to comply with the Order of the trial court as wel