Court of Appeals stops arrest of Abalos' lawyer

MANILA, Philippines - The Court of Appeals (CA) has stopped the arrest of the lawyer of detained former elections chairman Benjamin Abalos.

A 60-day temporary restraining order (TRO) was granted to lawyer Brigido Dulay, whom Judge Jesus Mupas of Pasay City Regional Trial Court had ordered arrested.

Mupas had cited Dulay and Abalos in direct contempt after they filed a motion for inhibition alleging that certain individuals claiming to be emissaries of Mupas tried to extort P100 million from Abalos.

Justices Francisco Acosta, Magdangal de Leon and Angelita Gacutan signed the resolution setting the hearing for the issuance of preliminary injunction on Feb. 2.

Associate Justices Magdangal de Leon and Angelita Gacutan concurred in this ruling.

The CA said Dulay merely relayed to the court specific events which ultimately led Abalos to doubt the partiality of the court.

“It appears that petitioner merely performed his duty towards his client and to the court, as well as demonstrate the biases why his client was praying for his inhibition,” read the CA decision.

“We initially find that such action by petitioner is neither illegal or contumacious per se as the same is consistent with the dictates of due process and is in fact allowed by the Rules of Court.”

The CA said the power to hold a person in contempt must be exercised sparingly and with utmost restraint to preserve the court’s dignity, not for retaliation or vindictiveness.

The CA also directed Dulay to post a bond of P4,000 or double the amount of fine issued as a condition of his compliance with the assailed order of Mupas, dated Dec. 22, 2011, should the petition he filed with the CA be decided against him.

Mandaluyong Mayor Benhur Abalos lauded the CA decision as an initial triumph of justice.

“The appellate court decision is a welcome development,” he said.

Meanwhile, the Integrated Bar of the Philippines (IBP) has set for Friday afternoon a closed door hearing on the alleged P100-million extortion attempt of two lawyers in exchange for a favorable decision on the electoral sabotage case against Abalos.

Jose Cabrera, IBP executive director for operations, told The STAR in a telephone interview that invitations were sent to Abalos, the concerned lawyers and Mupas to shed light on the extortion attempt Friday at the IBP office in Pasig at 2 p.m.

Felda Domingo, legal researcher of RTC branch 112, told The STAR Mupas had already met with the IBP last week.

Cabrera said the IBP board of governors decided to conduct an investigation and make its recommendation to the Supreme Court.

“This is a very serious allegation that must be investigated as it involved members of IBP,” he said.

Cabrera said Mupas as a member of the IBP is invited to shed light on the case, but he cannot be compelled to attend the hearing.

Abalos had exposed the alleged extortion attempt during a court hearing last December wherein he said that if the two lawyers were indeed emissaries of Mupas, he must be “crazy.”

Abalos filed a motion for Mupas to inhibit from the case because of the alleged extortion attempt.

However, Mupas directed Abalos and Dulay to show cause why they should not be cited in contempt for their malicious statements against the court.

In his reply, Abalos said he was only reporting the alleged extortion to the court.

Mupas cited Abalos and Dulay for indirect contempt because they were not able to prove their allegations.

Mupas has imposed a 10-day imprisonment and fine of P2,000 each on Abalos and Dulay. – With Perseus Echeminada