Lawyer gets 5 days in prison for harsh words in pleadings

Regional Trial Court judge Sylva Aguirre Paderanga ordered a lawyer to be imprisoned for five days after citing the latter for direct contempt of court because of his "strongly worded" pleadings asking for the inhibition of the judge in the libel case involving South Korea honorary consul Augusto Go and his niece. Paderanga yesterday cited lawyer Jesus Delfin for direct contempt because of his alleged malicious arguments in moving for the judge's inhibition in the libel case that Go has filed against Delfin's client, Elizabeth Gotianuy.

Paderanga however suspended the execution of her order to detain Delfin after the latter manifested that he will bring the matter up to the Court of Appeals for certiorari and prohibition. But, Paderanga ordered Delfin to post a P50,000 bond pending the resolution of his petition to the appellate court. Paderanga first ordered Delfin to pay a P100,000 bail but was later on lowered to P50,000 when the lawyer moved for a reconsideration saying he does not have the said amount.

Paderanga got irked of the insinuations of Delfin in his motion for inhibition that the insistence of the court to hear the case in spite of the withdrawal of the information by the prosecution would show her alleged bias against his client.

Delfin, in his 20-page motion for inhibition, alleged that Paderanga acted with grave culpable bias, mocking the administration of impartial justice and should inhibit from further handling the case to avoid miscarriage of justice.

Paderanga ruled on August 16 to deny the withdrawal of the case against Gotianuy. "How may a fair, honest, impartial and unbribed judge tolerate such baseless, proofless, ridiculous and unjust charge in his or her court?," and "Only a biased judge cannot see his simple and basic distinction, if one is not ignorant of the law," were among the words in Delfin's pleadings that got the ire of Paderanga. Justice Secretary Raul Gonzales, in a resolution dated July 4, reversed an earlier finding of probable cause by assistant city prosecutor Jesus Feliciano, saying there is no specific proof to show that Gotianuy and her co-accused Jerry Lee were the authors of the alleged libelous materials inserted in newspapers.

The leaflets entitled "Treachery Beyond Doubt" were reportedly inserted in newspapers distributed by Lee that narrated in detail the manner by which Go allegedly dispossessed his brother, Jose Gotianuy, of his properties and holdings.

Part of the leaflet reads, "Elizabeth Locke Gotianuy is undoubtedly a victim of grievous broad-daylight thievery, falsification and swindling, committed so very insultingly simple and shamelessly done." - Fred P. Languido/MEEV