SC: Arrest Baguio mayor for contempt
May 1, 2005 | 12:00am
The Supreme Court has ordered the National Bureau of Investigation (NBI) to immediately arrest and detain Baguio City Mayor Braulio Yaranon for direct and indirect contempt for defying its ruling to open the streets where a private pay parking concessionaire operates.
In an eight-page order, the Supreme Court also ordered Yaranon to pay a fine of P10,000 within five days "under pain of imprisonment."
Acting on the petition of Jadewell Parking Systems Corp., the tribunal issued last Feb. 9 a writ of preliminary mandatory injunction directing Yaranon to reopen the streets where the company were engaged in pay parking.
On Feb. 21, Yaranon told the tribunal that he had complied with the writ.
However, Jadewell disputed his claim and presented pictures taken on March 1 showing that parking spaces at Burnham Park and along Abad Santos Drive, Lake Drive and Harrison had remained closed.
Jadewell also submitted affidavits of pay parking customers belying Yaranons claim.
The Supreme Court subsequently directed Baguio City Regional Trial Court Judge Iluminada Cabato-Cortes to verify Yaranons compliance with the writ.
In her report, Cortes attached an account of Baguio RTC sheriff Marani Bacolod attesting that Luna Drive, which is adjacent to Burnham Park, remained closed and was instead occupied by a tiangge.
Cortes further verified Bacolods account by personally going to the site, and confirmed from policemen posted there that the parking areas entrance and exit were indeed closed.
The Supreme Court scored Yaranon for continuously defying its Feb. 9 writ and falsely claiming that he had complied with it.
"It signifies not only a willful disregard or defiance of the courts orders but also such conduct tends to bring the authority of the court and the administration of law into disrepute or in some manner to impede the due administration of justice," the tribunal said.
The Supreme Court ordered the Fortun Narvasa and Salazar law firm to explain in 10 days why it should not be held in contempt for its "lack of honesty and candor to the court" and for allowing the tribunal "to be misled by the misrepresentation of its client."
As of press time, Yaranon, himself a former RTC judge, could not be reached for comment. He and his wife, Lilia, a former city councilor, were reportedly out of town.
In an eight-page order, the Supreme Court also ordered Yaranon to pay a fine of P10,000 within five days "under pain of imprisonment."
Acting on the petition of Jadewell Parking Systems Corp., the tribunal issued last Feb. 9 a writ of preliminary mandatory injunction directing Yaranon to reopen the streets where the company were engaged in pay parking.
On Feb. 21, Yaranon told the tribunal that he had complied with the writ.
However, Jadewell disputed his claim and presented pictures taken on March 1 showing that parking spaces at Burnham Park and along Abad Santos Drive, Lake Drive and Harrison had remained closed.
Jadewell also submitted affidavits of pay parking customers belying Yaranons claim.
The Supreme Court subsequently directed Baguio City Regional Trial Court Judge Iluminada Cabato-Cortes to verify Yaranons compliance with the writ.
In her report, Cortes attached an account of Baguio RTC sheriff Marani Bacolod attesting that Luna Drive, which is adjacent to Burnham Park, remained closed and was instead occupied by a tiangge.
Cortes further verified Bacolods account by personally going to the site, and confirmed from policemen posted there that the parking areas entrance and exit were indeed closed.
The Supreme Court scored Yaranon for continuously defying its Feb. 9 writ and falsely claiming that he had complied with it.
"It signifies not only a willful disregard or defiance of the courts orders but also such conduct tends to bring the authority of the court and the administration of law into disrepute or in some manner to impede the due administration of justice," the tribunal said.
The Supreme Court ordered the Fortun Narvasa and Salazar law firm to explain in 10 days why it should not be held in contempt for its "lack of honesty and candor to the court" and for allowing the tribunal "to be misled by the misrepresentation of its client."
As of press time, Yaranon, himself a former RTC judge, could not be reached for comment. He and his wife, Lilia, a former city councilor, were reportedly out of town.
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