Abalos, lawyer get 10 days in jail for contempt

MANILA, Philippines - A Pasay City Regional Trial Court (RTC) judge has meted the penalty of 10 days imprisonment or a fine of P2,000 on detained former Commission on Elections chairman Benjamin Abalos and his lawyer after finding them guilty of contempt for making malicious statements against the court.

STAR sources said yesterday that the court order citing Abalos and his lawyer Brigido Dulay for contempt was sent by registered mail to the respondents and the National Bureau of Investigation (NBI).

Pasay Judge Jesus Mupas signed the order before he went on leave in the last week of December.

RTC Branch 112 court sheriff Rodelio Buenviaje confirmed that Mupas had issued an order but declined to give details as the order was sent through mail.

“I am privy (to) the order because it was sent through the NBI,” he said.

The source said Abalos already received his copy but Dulay said he has not yet received any order as of press time yesterday.

“Once I receive the official copy I will file a motion for reconsideration before the court, that is part of due process,” he said.

He said he would exhaust all legal means to reverse the contempt verdict.

Aside from the fine or imprisonment, Mupas also ordered the NBI and the police Criminal Investigation Detection Group (CIDG) to investigate the alleged extortion attempt that Abalos had claimed.

Mupas earlier directed Abalos and his lawyer to explain why they should not be cited for contempt for malicious statements against the court.

In his compliance to the order, Abalos reiterated his motion to Mupas to inhibit from the electoral sabotage case filed against him with regard to the alleged cheating in North and South Cotabato in the 2007 elections.

Abalos complained of Mupas’ alleged bias when he ordered a contempt show cause order after an alleged P100-million extortion attempt was exposed in open court.

Abalos said he did not disrespect the court or the judge when he stated that an alleged emissary of Mupas approached him for monetary consideration in exchange for favorable action.

He was referring to the negotiation initiated by two lawyers for a P100-million payoff for a favorable decision on the two counts of electoral sabotage.

Abalos said in open court that he told the two emissaries that if indeed their offer is true then the judge must be crazy.

The former Comelec chief said in his earlier motion for inhibition that he dismissed the alleged offer, which nowhere in the said motion was claimed by the accused to have been made directly or indirectly by Mupas.

“In issuing show cause order with threat to cite herein accused for contempt, the honorable presiding judge acted harshly and unmindful of a Supreme Court ruling that judges are reminded not to be thin-skinned or sensitive,” Abalos said.