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Wednesday, July 05, 2006
Mayor, Bugo exec get warning on contempt
By Lizanilla J. Amarga and Joey P. Nacalaban
MAYOR Vicente Emano and appointed Barangay Bugo chairman Nerio Obliosca are now ordered by Judge Florencia Abbu to explain within 10 days why they should not be cited in contempt of court.
Barangay Bugo chairman Perseverando Araña and lawyer Rogelio Bagabuyo said this after the court hearing Monday.
Obliosca during the same hearing sat as witness and admitted to acting as barangay chairman by orders of Emano despite the existence of a temporary restraining order.
Bagabuyo added that contempt charges include fines, imprisonment and even having Emano called "to the witness stand again in open court to answer charges for violating the law."
But Obliosca's lawyer Jose Alejandro Pallugna said Abbu did not include in her final orders Monday any provision calling for Emano and Obliosca to explain within 10 days why they should not be cited for contempt.
"Also indirect contempt must be filed as a new case under the new Rules. Not explaining it immediately or directly," his text message to Sun.Star Cagayan de Oro Tuesday further reads.
But Bagabuyo said Pallugna should check the Section 4 of Rule 71 of the 1997 Rules of Civil Procedure particularly on the "moto propio" provisions.
Barangay Bugo currently has two barangay chairmen -- Araña who got elected but allegedly "wrongfully and ineffectively tendered his resignation" and Obliosca who was appointed by Emano.
Injunction
Araña filed a petition and restraining order against Obliosca.
The restraining order, which is set to expire Thursday, was granted by Abbu and a hearing for the issuance of a preliminary injunction was held afternoon Monday.
During the hearing, Obliosca was called to the witness stand where he attested that he was appointed by Emano as the new barangay chairman of Bugo.
He nevertheless admitted that he received a copy of the 20-day restraining order issued by Abbu in favor of his rival Araña last June 16.
He added that he even went to his lawyer Pallugna to have the restraining order fully explained to him.
Obliosca admitted that he attended an affair sponsored by Office of the Ombudsman at Pearlmont Hotel last June 19 and that the same was for barangay chairmen.
He said he represented himself as barangay chairman upon the instructions of Emano.
Bagabuyo said contempt charges are criminal in nature and that Emano and Obliosca will even face imprisonment.
(July 5, 2006 issue)
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