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Wednesday, February 15, 2006
Gako issues warrant v. Wesy
Regional Trial Court (RTC) Judge Ireneo Gako Jr. has “disobeyed” the appellate court and issued a bench warrant against three lawyers, who earlier got his goat, and their client.
The warrant, dated Feb. 13 and addressed to Court Sheriff Rogelio Pinar, was served on Wesy Quisumbing in her Ma. Luisa Village home yesterday early morning.
“You are hereby commanded to arrest Wesy Quisumbing, (and) Attys. Paris G. Real, Emmanuel S. Brotarlo and Sherwin G. Real for contempt of court and to bring them before this court to be dealt with according to law,” Gako’s bench warrant said.
The warrant, which required implementation within 10 days, did not allow bail.
Quisumbing was in her home when Pinar, reportedly escorted by a van of plainclothes policemen, arrived. The three lawyers are in Manila.
She was not taken into custody, though, after lawyer Audie Arnado, her Cebu-based counsel, showed the would-be arresting officers the temporary restraining order (TRO) that the Court of Appeals (CA) issued in their favor.
The TRO was dated Feb. 10 and served on Gako at the fifth branch of the RTC on the same day.
It was penned by Associate Justice Enrico Lanzanas and concurred by Associate Justices Pampio Abarintos and Apolinario Bruselas Jr. and reportedly received by Pinar.
Orders
It enjoined the court and “any other person or agency assisting him or acting for and in their behalf” from implementing two orders Gako issued.
The first order had Quisumbing and her three lawyers placed in contempt of court for accusing the judge of being the ex-lawyer of the person they were suing.
The second order recalled the contempt findings but required the three lawyers to publish an apology in three Cebu City newspapers.
In the TRO, the CA 20th Division, based in Cebu City, directed Gako and “any other person or agency assisting him or acting for and in their behalf” to refrain from implementing the orders.
The CA also directed Gako to desist from further hearing and continuing with the proceedings of the case, now that his “actuation” is “challenged.”
Gako was asked to file a comment within 10 days from the time he received the court notice.
He was also ordered to show cause why a writ of preliminary injunction should not be issued against him.
Contempt
The lawyers, through a petition for certiorari, prohibition and mandamus, asked the CA for the TRO hours after Gako issued his first ruling last Feb. 3.
They asked that Gako’s contempt ruling be restrained and that the appellate court mandate Gako to inhibit himself from hearing the case, citing “his obvious anger.”
Gako’s order was “not only uncalled for but rather shows the disgust of the presiding respondent judge upon the petitioners,” they said.
“If he truly believed that the matters which were touched upon in the motion for inhibition were really false, then he should have done so in an order denying the same and not issue a direct contempt order... at the first opportunity and without due process of law and on a Friday at that,” the lawyers said. (KNR)
For Bisaya stories from Cebu. Click here. (February 15, 2006 issue)
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