For defying court order

Contempt raps filed vs. Vice Gov. Aquino, 8 others

Vice Governor Alfred M. Aquino's brash defiance of an order of the Regional Trial Court has led to the filing of criminal contempt raps against him and several others, including a tabloid publisher.

Last Friday, the Regional Trial Court Branch 42 started hearing a petition for criminal contempt, docketed as Special Civil Action No. 1936-A, filed against the vice governor, Provincial Board Members Catalino Gabao, Jr., Evelyn Gutierrez, Carlos Aguilar, Lilia Evangelista, and Rosie Olarte, ousted Sangguniang Kabataan provincial federation president Jenor Sollegue and Sangguniang Panlalawigan secretary Ursus de Quiroz.

In the petition filed last Nov. 22, SKPF president and ex-officio PBM Remelito S. Cabrera, thru counsel Angeles A. Velasco, asked the court to order the respondents to explain and show cause why they should not be punished for contempt of court for not obeying the writ of execution enjoining the respondents from further blocking, preventing and disallowing Cabrera from assuming his seat at the board.

Cabrera said that he appeared at the SP session hall last November 13 to take his seat but the session was adjourned immediately due to lack of quorum. Prior to the issuance of the writ of execution, Cabrera's presence at the session hall had been noted in the minutes as that of a "visitor" by de Quiroz.

The petitioners stated that the sheriff's return had with it "written manifestations of open and contumacious defiance by the respondents and their lawyer" of the order issued by the court.

To aggravate matters, Cabrera added, the respondents maliciously and in bad faith caused the publication of such defiance in the November 16-22, 2000 issue of the Catanduanes Forum with the apparent purpose of exposing the court to public hatred, contempt and ridicule.

Such defiance by the respondents, particularly Aquino and their lawyer, constitute contempt of court under applicable jurisprudence, the petition said. It cited a Supreme Court ruling stating that "no appeal is allowed from an order of execution of a final and executory judgment, on the theory that otherwise there would be no end to the case."

It pointed out that disobedience of or resistance to a lawful order of the court, particularly if the act required is in the power of the respondent to perform, may be punished for contempt of court. The respondent may be imprisoned by the court until he performs the act and he may also be ordered to make complete restitution to the injured party, it stressed.

Also haled to court for the same violation was Rey D. Lacurom, publisher-editor of the Catanduanes Forum, in the Nov. 16-22 issue of which appeared the banner headline "UTOS NG KORTE IBINASURA NG SP." The publication of the article, the petition said, is an attempt to impede, obstruct, embarrass or influence the court in administering justice in the pending suit for the purpose of exposing the court and Presiding Judge Nilo B. Barsaga to public hatred, contempt and ridicule.

In the story, the vice governor allegedly told the Forum that, as SP presiding officer, he would never allow Cabrera to sit as a replacement of ousted SKPF federation president Jenor Sollegue and would rather go to jail if cited for contempt.

Branding the writ issued by Judge Barsaga as "illegal," Aquino said the court cannot just alter the decision of the SK-NEB in Cabrera's case because it is beyond his jurisdiction.

Cabrera's lawyer said the publication is evidently a criticism not only of the petitioner but also of the court to a pending case, "tending to obstruct the administration of justice."

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