Court finds Mayor Alegado guilty

CEBU, Philippines — The Regional Trial Court (RTC) Branch 14 in Cebu City has handed down a decision finding Consolacion Mayor Teresa "Nene" Alegado guilty of indirect contempt in relation to a civil case filed against her in 2023.

RTC Branch 14 Presiding Judge Merlo Bagano in a 12-page decision dated December 19, 2024 likewise ordered the mayor to pay a fine of P30,000 within 15 days from the finality of the decision.

Atty.  Paulo Sucalit, Consolacion town legal officer when sought for comments, without discussing further details said that the decision of the court is not yet final and executory, hence, it cannot be implemented yet.

Sucalit said that they received the copy of the court’s decision on January 3, 2025, where they were given 15 days to answer.

“The decision is not final and executory. So, meaning the mayor has not pay any fine. Kay naa pa ni siya'y 15 days to counter the decision of the court. We are hoping that once we will file our motion for reconsideration, the court will eventually rule in her favor,” said Sucalit, without further elaborating as to the details of their motion for reconsideration.

The case against Alegado stemmed from a lease dispute between the mayor's administration and Fooda Saversmart Corporation in 2023, in which the latter accused the former of being unjust and "to immediately remove the barricade and fence of galvanized iron sheets in order not to unduly deprive plaintiffs and their tenants ingress and egress to and from the leased premises and disrupt their business operations and discourage their customers from patronizing them."

As a result, Fooda and its president, Patrick Ngochua, filed for a writ of preliminary injunction, which will allow them to continually use the disputed area.  The RTC Branch 17 ruled in their favor and ordered the mayor “to immediately cause the removal of the entire fence made of galvanized iron and other obstructions from the plaintiffs' rented lots, Lot Nos. 604 and 11222, situated in Poblacion, Consolacion, Cebu."

The court added that after removing the fence and other obstructions, the defendants and all those persons acting under them are enjoined from fencing or placing any obstruction on the properties which would in any manner obstruct the ingress and egress of the plaintiffs' establishments while the main case of injunction is pending.

But when the above writ of preliminary injunction was implemented by RTC Branch 17 Sheriff Erwin L. Burreros, it was reportedly disregard.  The Sheriff's Progress Report indicated that the defendants disobeyed the implementation of lawful writ and that "they will not remove the galvanized iron and other obstructions on the plaintiffs' rented lots on the instructions and order of Mayor Teresa P. Alegado of the Municipality of Consolacion."

Petitioners alleged further that the defendants continuously disobeyed the above writ, which prompted former to file a motion on May 30, 2023 before RTC Branch 17 seeking the issuance of an amended or supplemental order to allow plaintiffs to remove or cause the removal of the fence and obstruction surrounding the leased premises to give the plaintiffs and their tenants full ingress to and egress from the leased premises.

Thereafter, the above court issued an amended order dated May 30, 2023, which allowed the implementing sheriff, with the assistance of the plaintiffs or their personnel, to remove the fence and other obstructions.

Petitioners alleged that since the respondent failed to comply with the writ of preliminary injunction, this disobedience made the respondent liable for indirect vontempt under Section 7 of Rule 71 of the Rules of Court.

In a comment filed by Alegado on July 28, 2023, she alleged that the subject writ was erroneously directed against her, who is not an officer of the court. There is no contemptuous conduct or contumacious defiance to the Order of RTC Branch 17; and in the exercise of her public function as municipal mayor, she had no discretion but to enforce and implement the Twin Resolutions, Resolution No. 87 and No. 121, Series of 2023, thus, her act was not attended by malice, her comment stated.

On July 25, 2024, respondent's witness, John Ethelred Osabel, the assigned legal assistant of the Legal Office of Municipality of Consolacion, said that the mayor was in constant communication with the legal office, since she was constrained and confused from complying with the assailed Order of the court.

He also testified that he was the one who received the court notice, which was a verbal notice from the sheriff. The verbal notice was not reflected in their logbook, since only written notices are being logged.

He also insisted that the mayor's office received the ultimatum from the court on June 15, however, the stamp receipt from the mayor's office said that date was June 1; and that it took the mayor about six days to consult with the Sangguniang Bayan whether she can implement the order without going against the twin resolutions.

He also testified that the mayor was aware that the ultimatum was to be complied within 24 hours. But because the sheriff did not return, Alegado failed to comply with the court order as the presence of a sheriff is needed to implement the order.

However, when the cross- examination continued, Osabel, then, consistently answered that he could not recall the circumstances surrounding the time when the respondent mayor went to the Sangguniang Bayan and whether there was a copy of the court order bearing the ultimatum to the mayor.

Osabel  also testified that they welded the roll-up doors because they were violating ordinances, by operating a parking area and collecting parking fees without a business permit, and closed establishments.

On re-cross, he testified that the violations are not among the reasons why the mayor was restrained from complying the court order.

Municipal administrator Benjamin B. Tibon also testified that he was ordered by the mayor, by virtue of a court, and was ordered to create a team to dismantle and the removal of the fence on June 31, 2023. –/JG (FREEMAN)