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[G.R. No. 160025.� April 20, 2005]
SANGGUNIANG PANLUNGSOD NG BAGUIO vs. JADEWELL PARKING
THIRD DIVISION
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of this Court dated APR 20 2005.
G. R. No. 160025 (SANGGUNIANG PANLUNGSOD NG BAGUIO vs. JADEWELL PARKING SYSTEMS CORPORATION.)
G. R. No. 163052 (JADEWELL PARKING SYSTEMS CORPORATION vs. MAYOR BERNARDO M. VERGARA, City Mayor of Baguio, VICE MAYOR BETTY LOURDES F. TABANDA, Vice Mayor of Baguio, COUNCILORS BRAULIO D. YARANON, ELMER O. DATUIN, ANTONIO R. TABORA, JR., GALO D. WEYGAN, EDILBERTO B. TENEFRANCIA, FEDERICO J. MANDAPAT, JR., RICHARD A. CARI�O, FAUSTINO A. OLOWAN, DELFIN V. BALAJADIA and RUFINO M. PANAGAN, CITY SECRETARY RONALDO B. PEREZ and SANGGUNIANG PANLUNGSOD NG BAGUIO.)
G. R. No. 164107 (JADEWELL PARKING SYSTEMS CORPORATION vs. CITY MAYOR BRAULIO D. YARANON.)
G. R. No. 165564 (JADEWELL PARKING SYSTEMS CORPORATION vs. CITY MAYOR BRAULIO D. YARANON.)
On February 9, 2005, this Court issued a writ of preliminary mandatory injunction directing Baguio City Mayor Braulio D. Yaranon, his agents, representatives and/or any person or persons acting upon his orders or in his place or stead to immediately reopen the streets and/or premises operated and/or occupied by Jadewell Parking Systems Corporation (Jadewell). They were further directed to let the said streets and premises remain open until further orders of this Court.
Mayor Yaranon submitted his February 21, 2005 compliance where he manifested:
"...the streets and premises occupied and operated by [Jadewell] are, and have always been, open for the use and enjoyment of the public, and will be kept so indefinitely." (Emphasis supplied)
However, Jadewell subsequently informed this Court that, contrary to the representation of Mayor Yaranon and in violation of the writ (of preliminary mandatory injunction), the parking spaces, roads and streets operated and/or occupied by Jadewell remained closed. It presented pictures taken on March 1, 2005 showing the continued closure of the parking spaces at Burnham Park and the adjoining Abad Santos Drive, Lake Drive and Harrison Road. It also submitted affidavits of pay parking customers attesting to the fact that until now, the parking spaces and streets that Jadewell previously utilized for pay parking has not been opened. Further, counsel for Jadewell furnished this Court with a copy of its February 15, 2005 letter to Mayor Yaranon urging the latter to comply with the writ.
Faced with the conflicting manifestations of the parties, this Court directed Judge Iluminada Cabato-Cortes, Executive Judge of the Regional Trial Court (RTC) of Baguio City, to determine whether or not Mayor Yaranon in fact complied with the writ of preliminary mandatory injunction and to submit a report thereon.
In her report, Judge Cabato-Cortes attached the written account of Marani S. Bacolod, Sheriff IV of RTC-Baguio City, Branch 59, which reads:
That on March 21, 2005 at around 2:25 in the afternoon[,] the Honorable Executive Judge instructed the undersigned together with Gilbert Evangelista to go to Jadewell Parking Systems [Corporation's] premises[,] particularly along Harrison and Ganza Areas to verify whether said premises are already open for business, but[,] as we observed[,] the same [are] still closed with G.I. pipe railings measuring about 74 feet at the main entrance and exit;
That on the same day[,] we again proceeded to [the] skating rink [area] and Luna Drive beside Burnham Lake Area but the same is closed with flat sheet railings attached thereat[;] likewise, said area is now presently occupied by sari-sari stores and [bicycle-for-hire stalls];
Pictures were taken at the aforesaid areas and we are attaching herewith the pictures taken.
Today[,] April 4, 2005, the undersigned were again instructed by the Executive Judge to check on the premises of Jadewell Parking Systems [Corporation], particularly located at the aforementioned areas to find out whether there were changes in the physical set up but there was none;
The premises along Luna Drive adjacent to Burnham Lake are now occupied by "tiangge" stalls. (Emphasis supplied)
Judge Cabato-Cortes personally visited the premises on April 4, 2005. She found that the account of sheriff Bacolod accurately reflected the actual condition in the said premises. She observed that there were several policemen posted at the parking area adjacent to Ganza Restaurant. When she interviewed some of the policemen, they confirmed that the entrance and exit to the parking area were indeed closed.
The foregoing factual accounts show not only Mayor Yaranon's continued defiance of the writ but also the falsehood he foisted on this Court when he manifested that he already opened the streets and premises occupied and operated by Jadewell in compliance with the writ. His attempt to mislead this Court constitutes contempt.
Contempt of court is disobedience to the court by acting in opposition to its authority, justice and dignity. It signifies not only a willful disregard or defiance of the court's orders but also such conduct as tends to bring the authority of the court arid the administration of law into disrepute or in some manner to impede the due administration of justice. [1] cralaw Under the Rules of Court, contempt is classified into either direct or indirect contempt. Direct contempt is committed in the presence of or so near a court or judge. It can be punished summarily without hearing. [2] cralaw
If the pleading containing derogatory, offensive or malicious statements is submitted in the same court where the proceedings are pending, it is direct contempt. [3] cralaw It is equivalent to a misbehavior committed in the presence of or so near a judge. [4] cralaw Contemptuous statements made in the pleadings filed with the court constitute direct contempt. [5] cralaw Similarly, false or misleading allegations in a pleading or other document filed with the court having cognizance of the case tending to frustrate the due dispensation of justice constitute direct contempt. [6] cralaw Candidness to the court is essential for the expeditious administration of justice. [7] cralaw
Here, Mayor Yaranon misled this Court into believing that he had already obeyed the directive contained in the writ. The very caption of his paper itself - compliance - manifested his intention to make us believe that the writ had been fully complied with. It attempted to create the impression that the premises and streets previously operated by Jadewell were already open pursuant to this Court's order when in fact they were not. Indubitably, it constituted fraud on the court punishable as contempt. [8] cralaw
His continuing refusal to carry out and implement the writ is a willful disregard of and disobedience to this Court's lawful orders. His defiance controvertibly proves his intention to tie the hands of justice and prevent it from taking its due course.
We note that Mayor Yaranon's compliance was made through his counsel, Fortun Narvasa & Salazar. Thus, his counsel participated in the deception and fraud on this Court.
Lawyers owe candor, fairness and good faith to the court. [9] cralaw That duty flows from their sacred oath to perpetuate no falsehood nor consent to the doing of any in court. Nor shall they deceive or allow the court to be deceived by any artifice. [10] cralaw In this regard, they should employ such means only as are consistent with truth and honor, and never seek to lead the court or its officers astray by any false statement of fact or law. [11] cralaw Regrettably, Mayor Yaranon's counsel failed to live up to the honorable and exacting standards of the legal profession.
WHEREFORE, Baguio City Mayor Braulio D. Yaranon is hereby found GUILTY of (1) direct contempt for the falsehood he deliberately foisted on this Court and (2) indirect contempt for his continued disobedience to and defiance of the writ of preliminary injunction we issued.
A FINE of P10,000 is hereby imposed on him, payable in
full within five days from notice hereof, under pain of imprisonment.
Furthermore, the National Bureau of Investigation is hereby ordered to IMMEDIATELY ARREST AND DETAIN him until he complies fully with the February 9, 2005 writ of preliminary mandatory injunction.
The law firm of Fortun Narvasa & Salazar is likewise hereby ordered to show cause within ten days why it should not be held in contempt for its lack of honesty and candor to the court, and for allowing the court to be misled by the misrepresentations of its client.
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Clerk of Court
Endnotes:
[1] cralaw Heirs of Trinidad de Leon vda. De Roxas v. Court of Appeals, G.R. No. 138660, 5 February 2004, 442 SCRA 101 citing Halili v. Commissioner of Internal Revenue, 220 Phil. 507 (1985).
[2] cralaw Section 1, Rule 71.
[3] cralaw Cabilan v. Ramolete, G.R. No. 43491, 26 December 1990, 192 SCRA 674 citing Ang v. Castro, 221 Phil (1985).
[4] cralaw Id.
[5] cralaw Id citing Ante v. Pascua, G.R. No. L-74997, 28 June 1988, 162 SCRA 780.
[6] cralaw Occe�a v. Marquez, G.R. No. L-27396, 30 September 1974, 60 SCRA 38.
[7] cralaw Far Eastern Shipping Co. v. Court of Appeals, 357 Phil. 703 (1998).
[8] cralaw Cf. Section 32, Contempt, 17 Am Jur 2d.
[9] cralaw Canon 9, Code of Professional Responsibility.
[10] cralaw Rule 10.01, Code of Professional Responsibility.
[11] cralaw Section 20, Rule 138, Rules of Court.
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