3 CA justices in Rallos case cleared of indirect contempt

SC’s Third Division dismissed for lack of evidence the petition for indirect contempt of court against Justices Gabriel Ingles, Pamela Ann Maxino and Carmelita Manahan Case stemmed from the petition filed by Lucina Rallos, one of the heirs of the late Fr.

THE Supreme Court has cleared three justices of the Court of Appeals Cebu Station of indirect contempt for issuing a preliminary injunction that stopped the release of P133 million in public funds in 2012.

The SC’s Third Division dismissed for lack of evidence the petition for indirect contempt of court against Justices Gabriel Ingles, Pamela Ann Maxino and Carmelita Manahan.

“The justices concerned promulgated the questioned resolutions with prudence and fairness, and upon due consideration of the surrounding circumstances,” read the SC decision penned by Associate Justice Presbitero Velasco, Jr.

The case stemmed from the petition filed by Lucina Rallos, one of the heirs of the late Fr. Vicente Rallos, against the justices before the High Court last July 20, 2012.

The petition was an offshoot of the justices’ issuance of a preliminary injunction that stopped the release of P133 million to the Rallos heirs, as compensation for a property that is used as a barangay road by the Cebu City Government.

The injunction was issued after the City filed the petition for annulment of judgment with a prayer for a temporary restraining order in a bid to stop the release of a P133-million award to the Rallos heirs.

The order also barred the sale, through public auction, of a 9.7-hectare parcel of land within the South Road Properties (SRP), which the Ralloses were eyeing as payment.

The four-page resolution that Justice Ingles penned for the CA 18th Special Division ordered for a status quo pending the final resolution of the payment claim, “otherwise, whatever decision hereon will be rendered ineffectual and nugatory.”

The City sought to annul the order of Judge James Stewart Ramon Himalaloan of the Regional Trial Court, which directed City Hall to pay the Rallos heirs.

Right-of-way

In 2011, the SC ruled with finality in favor of the heirs, on the issue whether the City Government should pay for using the Ralloses’ Barangay Sambag 2 property as roadright-of-way.

In her petition, Rallos said the issuance of preliminary injunction by the CA justices was “an improper conduct, tend- ing directly or indirectly, to impede, obstruct or degrade the administration of justice.”

In the decision, the High Court held that the magistrates “exhaustively explained” the factual and legal basis in issuing the preliminary injunction.

“Contrary to the posture of Rallos, therefore, the justices’ issuance of the questioned resolutions was not tainted by bias, negligence or any improper motives,” the SC held.

The magistrates conducted a hearing before issuing the writ of preliminary injunction in favor of Cebu City.

In that hearing, the counsels of the parties attended, and were granted ample opportunity to argue for their respective sides, the SC pointed out.

“Indeed, far from being guilty of contumacious conduct, justices rightfully exercised prudence and restraint when they resolved to grant the prayer (for a preliminary injunction),” the SC said. GMD