Narratives

Constitutional Law II
Michael Vernon Guerrero Mendiola 2005 Shared under Creative Commons AttributionNonCommercial-ShareAli e !"0 #hili$$ines license"

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In %) *abeas Cor$us" Aclaraction vs" Gatmaitan +G% L-!,--5. 2/ Ma0 -,152 3 -

This collection contains one (1) case summarized in this format by Michael Vernon M. Guerrero (as a senior law student) during the First Semester school year !""#$!""% in the &olitical 'aw (e)iew class under *ean Mariano Magsalin +r. at the ,rellano -ni)ersity School of 'aw (,-S'). .om/iled as &*F Se/tember !"1!. 0erne Guerrero entered ,-S' in +une !""! and e)entually graduated from ,-S' in !""%. 1e /assed the &hili//ine bar e2aminations immediately after (,/ril !""3).

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Narratives (Berne Guerrero)

362 In RE Habeas Corpus. Aclaraction vs. Gatmaitan [GR L-39 !" 26 #a$ 9%!& En Banc, Aquino (J): 7 concur, 1 concur in result, 3 filed separate concurring opinions 'acts( Segifredo L. Aclaracion functioned as a temporary stenographer in the Gapan branch of the Court of First Instance (CFI) of Nue a !ci"a from # $ctober #%&% to '# No ember #%(#. )is appointment e*pired on '# No ember #%(' +hile he +as +or,ing as a temporary stenographer in the CFI of -anila. .hereafter/ he +as employed as a stenographer in the 0ublic Assistance and Claims Ad"udication 1i ision of the Insurance Commission/ +here he is no+ +or,ing. After Aclaracion had ceased to be a court stenographer/ the Court of Appeals re2uired him to transcribe his stenographic notes in t+o cases decided by the Gapan court +hich had been appealed (-uncal s. !ugenio/ CA3G4 5%(##34 and 0aderes s. 1omingo/ CA3G4 6'7&(34). )e failed to comply +ith the resolutions of the Court of Appeals. )e +as declared in contempt of court. $n -ay '% and 8uly '%/ #%(5 8ustice -agno S. Gatmaitan and 8ustice 8ose N. Leuterio/ Chairmen of the .hird and Se enth 1i isions of the Court of Appeals/ respecti ely/ ordered the Chief of 0olice of -a,ati/ 4i9al (Colonel 4uperto :. Acle)/ to arrest Aclaracion/ a resident of that municipality/ and to confine him in "ail until he submits a complete transcript of his notes in the said cases. Aclaracion +as arrested on '# 8une #%(5 and incarcerated in the municipal "ail. In a petition dated #' 8uly #%(5 he as,ed the Court of Appeals that he be not re2uired to transcribe his notes in all the cases tried in the Gapan court. )e suggested that the testimonies in the said cases be reta,en. .he .hird 1i ision of the Court of Appeals in its resolution of ( August #%(5 ordered the release of Aclaracion. Later/ he transcribed his notes in the -uncal case. )o+e er/ the +arden did not release him because of the order of arrest issued by the Se enth 1i ision. $n % August #%(5 Aclaracion filed in the Supreme Court a petition for habeas corpus. )e ad anced the no el contention that to compel him to transcribe his stenographic notes/ after he ceased to be a stenographer/ +ould be a transgression of the rule that ;no in oluntary ser itude in any form shall e*ist e*cept as a punishment for a crime +hereof the party shall ha e been duly con icted; (Sec. #5/ Art. I</ :ill of 4ights/ #%(' Constitution). Issue( =hether the fact that a former court stenographer +as compelled to transcribe his stenographic notes is a transgression of the right against in oluntary ser itude. Hel)( An Appellate Court may compel a former court stenographer to transcribe his stenographic notes. .hat prerogati e is ancillary or incidental to its appellate "urisdiction and is a part of its inherent po+ers +hich are necessary to the ordinary and efficient e*ercise of its "urisdiction and essential to the due administration of "ustice. .he pro ision of section #'/ 4ule 5# of the 4ules of Court that ;upon the appro al of the record on appeal the cler, shall direct the stenographer or stenographers concerned to attach to the record of the case 6 copies of the transcript of the oral e idence referred to in the record on appeal; includes stenographers +ho are no longer in the "udiciary. .he traditional made of e*ercising the court>s coerci e po+er is to hold the recalcitrant or negligent stenographer in contempt of court if he does not comply +ith the order for the transcription of his notes and imprison him until he obeys the order. Another sanction to compel the transcription is to hold in abeyance the transfer/ promotion/ resignation or clearance of a stenographer until he completes the transcription of his notes. .his is pro ided for in Circular &7 of the Secretary of 8ustice. Aclaracion>s contention that to compel him to transcribe his stenographic notes +ould constitute in oluntary ser itude is not tenable. In oluntary ser itude denotes a condition of enforced/ compulsory ser ice of one to another or the condition of one +ho is compelled by force/ coercion/ or imprisonment/ and against his +ill/ to labor for another/ +hether he is paid or not. .hat situation does not obtain in this case.

Constitutional Law II, 2005 ( 1 )