Sunday, July 29, 2007 Petition to cite Gwen, Byron, jail warden in contempt junked
THE court denied the petition of political detainee Jigger Geverola to cite Cebu Gov. Gwendolyn Garcia, her brother Byron and Provincial Jail Warden Alito Gabuya in contempt for not allowing him to campaign and vote in the last elections.
Geverola ran for councilor of Argao. Judge Gaudioso Villarin of Regional Trial Court Toledo City allowed him to campaign on April 26 and May 6, 2007 and also to vote on May 14.
The order also told the jailer to provide maximum security for Geverola on these days.
However, Geverola failed to campaign and vote because the Cebu Provincial Detention and Rehabilitation Center (CPDRC) did not have enough personnel to escort him.
Not included
So Geverola, through his lawyer Alfonso Cinco IV, filed a petition to cite the governor, Byron and Gabuya in contempt.
But the court said the three subjects of the petition “were not opposing or acting in opposition of the order of the court.”
This is because Gwen-dolyn and Byron were “not included in the said order,” allowing Geverola to campaign and vote.
The court also said Geverola is not detained at the CPDRC but is held in Central Command.
“Acting warden of CPDRC Alito Gabuya cannot comply with the order of the court considering that the accused was detained in another other place where he has a pending case,” the order that Villarin signed last June 15 stated.
Geverola is a native of Argao and is facing an arson case with several other suspected rebels for burning a Philtranco Bus in the north of Cebu years ago. (MBG)
