NLRC scribe cleared of administrative raps

A stenographer of the National Labor Relations Commission-Regional Arbitration Branch-7 was acquitted of charges of concealment or destruction of public documents after the prosecution failed to prove her guilt.

Regional Trial Court judge Eric Menchavez ruled that Herminia Rosal is not guilty of the charges because she managed to prove that after she transcribed the stenographic notes of the testimonies of two witnesses, she immediately gave it to the labor arbitration associate.

Rosal's case stemmed from the complaint filed by the Visayas Ombudsman who found her liable for "feloniously concealing" the transcript of stenographic notes of the testimonies of Rodrigo Gurrea and Leonor Rene Caneja.

Gurrea and Caneja were among the witnesses in a case filed against a beer company in Cebu by 387 former workers who claimed they were illegally dismissed from their jobs.

The complaint said that Gurrea testified before the labor arbiter on September 21, 1995 while Caneja appeared before the Regional Arbitration Branch-7 on November 9, 1995.

Complainants Rustico Vega and Antolin Grafe claimed that the testimonies of Gurrea were very important because he testified that the company had hired contractual workers to replace the regular employees while Caneja also testified that there was really a plan to terminate the services of the regular employees.

But since their statements were excluded from the records of the case, the labor arbiter dismissed the case against the beer company and the ruling was affirmed by the NLRC.

While Rosal was suspended for two months after she was found administratively liable for the loss of the documents, Menchavez said her criminal liability was not proven.

Regarding speculations that Rosal intentionally withheld the testimonies of the two defense witnesses to favor the company, Menchavez said she has no motive to do so as she is not a lawyer and has no way of knowing the probative value of their testimonies. - Rene U. Borromeo