Lawyer wants court to cite prosecutor and assistant for contempt

Regional Trial Court Judge Ramon Codilla Jr. was asked to cite in contempt and jail city prosecutor Nicolas Sellon and assistant city prosecutor Dixon Fuentes for filing the amended information against his client despite the lack of probable cause.

Lawyer Hector Fernandez, who is representing his son, Atty. Vicente Fernandez II in a libel case filed before the court branch presided by Codilla, insisted that there was no probable cause to indict his son for libel.

It was assistant city prosecutor Mary Ann Castro who filed the libel charges against the young Fernandez, claiming that he besmirched her reputation when he submitted a counter-affidavit in another court about a case that she filed against brothers Nanak and Jake Yu.

The young Fernandez is the counsel of the Yus who were charged by Castro with malicious mischief and grave slander by deed before the Municipal Trial Court in Cities.

Yu's counter-affidavit prepared by Vicente Fernandez called Castro a "congenital liar" and compared her to a "termagant fish vendor" and to "one who openly peddles her flesh" for wearing a "short and provocative skirt."

Vicente Fernandez and Yu, through counsel Hector Fernandez, assailed the libel case and asked the court for its dismissal.

Hector Fernandez said Sellon in his resolution dated August 30, 2005 resolves that all statements stated in the counter-affidavit and manifestations that Vicente Fernandez and his client have filed before the court were not malicious but are relevant to the issues discussed in the case since "these are all covered by the rule on absolute privileged communication."

Then Assistant Regional State Prosecutor Vicente Mañalac and then city prosecutor Cezar Tajanlangit approved the filing of the libel case against Nanak Yu and the young Fernandez before the court

Sellon explained that Vicente Fernandez, through his lawyer, questioned the legality of the complaint signed by Mañalac that prompted Codilla to order prosecutor Dixon Fuentes - who was assigned as trial prosecutor - to submit the amended information.

In a talk with The Freeman yesterday, Sellon said he and Fuentes would answer Hector Fernandez's arguments if the court will allow them.

Hector Fernandez wanted the court to slap Sellon and Fuentes with imprisonment up to six months and a fine of P30,000 for their contemptuous acts of filing a case in court without a probable cause. - Rene U. Borromeo