Sub judice
The former political has- been is openly defying a court order that prohibits him from discussing in public the issue about Banco de Oro’s imminent closure for failure to renew its business permits.
Regional Trial Court ( RTC) Branch 18 Judge Gilbert Moises issued last week a writ of preliminary injunction prohibiting City Hall from initiating any closure action against BDO’s 27 branches in the city. Judge Moises also prohibited the former political has- been and City Treasurer Tessie Camarillo from discussing the issue in public, pending the resolution of the case. But in his press conference over the weekend, the former political has- been openly defied the second order, saying it is his constitutional right to continue talking about the matter to inform his constituents.
He cited Section 4, Article 3 ( Bill of Rights) in the 1987 Constitution, which states: “No law shall be passed abridging the freedom of speech, of expression, or of the press or the right of the people peaceably to assemble and petition the government for redress of grievances.”
The former political has- been is missing the point. This only shows how hardheaded and arrogant he is for defying a court order. Well, we know about his attitude. He thinks he is God. While we can say that the Constitution is the supreme law of the land but this matter does not fall under the constitutional provision he cited because court orders are very specific. Besides, it’s only temporary during the pendency of the case. In court, there is such a thing as sub judice rule.
In law, sub judice is Latin for “under judgment,” which means that a particular case or matter is under trial or being considered by a judge or court. Sub judice literally means “under judicial consideration.” It is part of the law relating to contempt of court. The rule governs what public statements can be made about ongoing legal proceedings before, principally, the courts.
The rule applies where court proceedings are ongoing, and through all stages of appeal until the matter is completed. It may also apply where court proceedings have yet been started but are imminent. The rule is not limited to parties in a case or their lawyers. It applies to the public and to statements by public officials.
However, the sub judice rule does not prohibit fair and accurate reporting of the factual content of the ongoing judicial proceedings by the media as long as report does not usurp the court’s role by prejudging the case or its legal issues.
If I were Judge Moises, I will cite this person in indirect contempt of court and send him to jail or impose a penalty. His action is contumacious and he deserves to be disciplined for showing disrespect to a court order. If the highest officials of the land respect court orders why can’t a city mayor do the same? If he is that hardheaded and arrogant, I will challenge him to defy Moises’s order by closing all BDO’s branches so “let’s see the scattered ( Para makitang katag).”