Contempt vs. Tomas referred to new judge

The civil case for indirect contempt filed by Governor Gwendolyn Garcia against Mayor Tomas Osmeña in connection with the controversy on who of them has the power to appoint members of the Metro Cebu Water District Board was assigned to Regional Trial Court Judge Bienvenido Saniel.

But it will not be heard until after Judge Saniel, who presides over RTC Branch 20, arrives from his travel abroad either by the end of this month or on the first week of May.

When the case was raffled last week, it was assigned to RTC Branch 7 Judge Simeon Dumdum, Jr. but the latter had suggested that it would be referred to Saniel who is handling the main issue of the case.

The governor filed a case before the court to settle the issue of who among them has the authority to appoint members of the MCWD Board.

A staff of the RTC Branch 20 informed The FREEMAN yesterday that both parties, the mayor and the governor, have already submitted their respective memoranda or written arguments of the case and it was decided that the case be submitted for resolution.

Garcia argued that Osmeña committed indirect contempt because while the case is pending before the court, the mayor appointed Joel Mari Yu as the new MCWD director replacing lawyer Adelino Sitoy who resigned from his post after winning the mayoralty seat in Cordova.

Speaking for the governor, provincial attorney Marino Martinquilla argued that “Osmena’s actuations of appointing Yu as member of the MCWD Board constitute improper conduct, tending directly or indirectly, to impede, obstruct, or degrade the administration of justice as provided and penalized under Sections 3 to 12, Rule 63 of the Rules of Court.” — Rene U. Borromeo/MEEV