Sandiganbayan upholds contempt ruling vs Brillante

Former Makati vice mayor Roberto Brillante will be jailed for a maximum of six months and fined of P30,000 after the Sandiganbayan affirmed its decision finding him in contempt for accusing three justices of receiving bribes of P10 million each.

The anti-graft court’s second division, chaired by Justice Edilberto Sandoval, has denied Brillante’s appeal.

Brillante told the court he was just exercising his right to free speech  when he accused Sandiganbayan Justices Godofredo Legaspi, Efren dela Cruz and Norberto Geraldez  of receiving P10 million each to dismiss the graft charges he had filed against Makati Mayor Jejomar Binay.

“The constitutional right of freedom of expression may not be availed of to broadcast lies or half-truths; …it may not be used to insult others, destroy their name or reputation or bring them into disrepute,” read the court’s decision.

In a decision on Sept. 24 last year, the Sandiganbayan ruled “(Brillante’s statement was) undoubtedly in complete disregard of the respect due to the courts, and this court must maintain its authority when outraged by such conduct.”

“Punishment for contempt of court is necessary to vindicate the dignity and honor of the court and to impress on all – lawyers, litigants and court employees alike – the serious consequences of disobedience, disrespect or willful evasion of its orders, judgments and processes,” the anti-graft court added.

Brillante also questioned as “harsh and unjustified” the six-month prison term and P30,000 fine imposed on him by the Sandiganbayan.

However, the anti-graft court said the penalty was well within those set under Section 7 Rule 71 of the Rules of Court.

“Neither can it be considered unjustified because it has been duly established through competent evidence that the respondent had indeed uttered contemptuous remarks offensive and injurious to the good name of the magistrates of the Third Division of this court,” read the court’s decision.