SC orders Badoy to comment on lawyers' indirect contempt plea vs her
MANILA, Philippines — The Supreme Court has ordered former Palace official Lorraine Badoy-Partosa to answer the petition filed by lawyers asking the tribunal to cite her in indirect contempt for her posts against Manila Judge Marlo Magdoza-Malagar.
The SC en banc “resolved, without giving due course to the petition, to require the respondent to comment” on the petition filed by lawyers and law school deans led by former Philippine Bar Association president Rico Domingo.
Badoy-Partosa is given a non-extendible period of 15 days from notice of the en banc directive to file her comment.
Associate Justices Alfredo Benjamin Caguioa, Ricardo Rosario and Midas Marquez were on official leave during the en banc session.
The lawyers had asked the SC to cite Badoy in indirect contempt over “the gravity and nature” of her statements against Judge Malagar.
Judge Malagar penned the ruling that dismissed the government's petition to judicially declare communist rebels as terrorists, which Badoy-Partosa did not agree with.
In their petition, the lawyers told the court: “Indeed, the foregoing Facebook posts of Respondent Badoy-Partosa are nothing less than contumacious as they directly besmirch and tear down the reputation and credibility of Judge Malagar and likewise impair the respect due, not only to Judge Malagar, but also to all members of the Philippine Bench and Bar.”
“Respondent Badoy-Partosa’s misconduct and misbehavior call on the public to lose trust and confidence on the authority of the judiciary and to disregard the dignity and integrity of the authority of the court magistrates, as we well as the entire administration of justice.”
Show cause already issued
The SC has earlier issued a show cause order, in its motu proprio (on its own) proceedings on the administrative matter, against Badoy-Partosa.
On October 4, the SC en banc gave Badoy-Partosa 30 calendar days for receipt of resolution to submit her explanation why she should not be cited in contempt of the judiciary and the high court.
SC justices first tackled the matter on September 27 when the high court also “sternly” warned “those who continue to incite violence through social media and other means which endanger the lives of judges and their families.”
Under the Rules of Court, indirect contempt may be punished by a fine or by imprisonment of six months or both.
Part of Badoy-Partosa's post, which she later denied making, read: "If I kill this judge and I do so out of my political belief that all allies of the CPP NPA NDF must be killed because there is no difference in my mind between a member of the CPP NPA NDF and their friends, then please be lenient with me."
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