RTC denies Vizcaya mayor’s appeal to junk contempt case

BAYOMBONG, Nueva Vizcaya – A regional trial court denied the appeal of a mayor of a mountain town here to junk the contempt case filed against him by a lawyer of a mining firm for allegedly disregarding a court order in connection with the operation of a national government-sanctioned exploration project in his town.

Judge Godofredo Naui of the Regional Trial Court-Branch 37, denied the appeal of Kasibu Mayor Romeo Tayaban to dismiss the petition for indirect contempt filed against him by lawyer Virgil Castro, counsel of the Australian-owned mining firm Oxiana Philippines, for lack of personality, saying this was not necessary as the petitioner was not representing the firm when he filed the case.

In the four-page order dated Nov. 22, copy of which was obtained by The STAR, the judge said that Castro, a former president of the province’s chapter of the Integrated Bar of the Philippines, had the personality to file the case and therefore, could on his own, deal with the technical aspects of the case.

Castro had earlier asked the court to declare Tayaban in indirect contempt for allegedly disregarding a temporary restraining order (TRO) and a preliminary injunction issued by the same court allowing the passage of mining equipment and personnel along a road blocked by anti-mining resident in Kasibu.

The court-issued orders had allowed the passage of Oxiana (now Royalco Philippines) equipment and personnel along a road in Barangay Pacquet which was being blocked by anti-mining residents seeking to prevent its entry into villages Pao and Kakiduguen in the eastern part of the town, where its exploration activities were located, and ordered them to desist in preventing such passage.

In his petition, Castro cited Tayaban, a known anti-mining advocate, and one of those reportedly supporting the anti-mining residents, as allegedly saying he had no respect for the court in connection with the TRO and injunction calling for the passage of the mining firm. 

Tayaban sought the dismissal of the case, citing Castro as having not been authorized by Oxiana to file the case, and in so doing could not sign the verification and certification against forum shopping, which is a requirement in filing the case.

In his two-page position paper, Castro argued that “His personality to file the suit is his right as a citizen and as an officer of the court.” His being counsel of Oxiana Philippines, he added “was merely part of the narration of facts but he did not need any authorization from his client to file the action.”

“As a citizen and officer of the court, petitioner even has the duty to preserve the integrity of the court, and the whole judicial system. It has been said that the judiciary is the weakest among the three branches of the government but finds strength in its integrity and respect that the people gives it,” said the court.