A provincial supervisor of the Commission on Elections has been fined for Indirect Contempt of Court for violating an order issued by the Regional Trial Court.
In a decision filed December 5, 2023 at Manolo Fortich, Bukidnon, Presiding Judge Jeanne Marie A. Abarrientos of Branch 11 of the Regional Trial Court, 10th Judicial Region, of Manolo Fortich, Bukidnon, declared Atty. Ernie Palanan and others guilty of Indirect Contempt of Court and ordered them to pay a fine of Five Thousand Pesos (P5,000.00) each.
Docketed as Civil Case No. 23-08-329, the court’s order arose from October 27, 2023 when Palanan, a COMELEC Supervisor assigned to Surigao del Sur, incited the other respondents into disobeying the Writ of Preliminary Injunction dated October 20, 2023 served by the court Sheriff, as reported in his 4-page Sheriff’s Partial Return of Writ of Preliminary Injunction dated November 3, 2023, despite not being a party to the case.
The writ ordered the respondents to allow the entry of cargo trucks into an area in Salimbalan, Manolo Fortich, Bukidnon where a pipe laying project for a potable water supply project was being undertaken by a contractor. They further claimed confusion regarding its compliance due to a Cease and Desist Order issued by the LGU of Baungon, Bukidnon which prevented them from removing a vertical bamboo pole barrier above the pipe lines being laid that made it impossible for the digging to continue.
The court found that the Sheriff’s testimony on the matter in which the respondents willfully refused and disrespected the court issued Write of Preliminary Injunction, and following the requirement that a contempt charge is not to be presumed but to be proven by more than a preponderance of evidence, the court found the Sheriff’s allegation supported by no less than the respondent’s own declarations, showing that indeed, there was willful disobedience to the court issued writ.
The sheriff’s report further clearly stated that Atty. Palanan got angry upon knowing he was enforcing the Writ issued by the court and threatened the sheriff with a case to be filed against him should he insist in implementing the writ.
The court further debunked the Respondents' claim on Cease and Desist Order issued by the local government of Baungon, Bukidnon as of “no moment” since it should have been directed against the petitioner, and not for the respondents to comply, but instead duty bound to observe, respect and comply with the Writ of Preliminary Injunction directed and issued against them, and not evade the same by claiming that there was a Cease and Desist Order, which their reasoning did not justify.
Ergo, for their willful refusal to obey the Writ which led to its non-implementation, respondents did not only cause a failure of the administration of justice, but also utterly disrespected the court whose mandate is to render an efficient and effective administration of justice.
The court further cited the case of Leonidas v. Judge Supnet, the MTC’s order to the bank to show cause why it should not be held in contempt, was adjudged as a legitimate exercise of the MTC’s judicial discretion to determine whether the bank should be sanctioned for disregarding its previous orders. (ADVT)
