MANILA, Philippines ? This judge gives new meaning to the phrase ?contempt of court.?

The Supreme Court has fined a retired magistrate who?during his term as a Makati Regional Trial Court judge?cited a motorist for contempt because the latter had parked in the judge?s space at the courthouse.

The high tribunal found former Judge Francisco Ibay guilty of abuse of authority in connection with his decision in 2005 to cite Valeriano Nuñez for contempt. Ibay also sentenced Nuñez to five days in jail on top of slapping him with a P1,000 fine.

?The power to declare a person in contempt of court must be exercised judiciously and sparingly, adding that a judge should never allow himself to be moved by pride, prejudice, passion or pettiness in the performance of his duties,? the high court said, citing its ruling in a previous case, Sison vs Caoibes Jr.

Court records showed that by the time Nuñez filed his complaint against Ibay, the judge had already cited six persons for contempt.

No remedies

It also said that Nuñez was immediately detained when he was cited for contempt and was prevented from resorting to remedies provided for in the Rules of Court.

?Such abusive behavior on the part of the respondent judge fails to show his integrity,? said the high tribunal. It imposed a P40,000 fine on the retired judge.

Ibay had availed himself of optional retirement on Aug. 18, 2007 and the P40,000 fine would be deducted from his retirement benefits worth P400,000.

According to court records, on April 4, 2005 Ibay summoned Nuñez to explain why he had occupied the judge?s designated space at the Makati City Hall parking lot.

Driver didn?t know

Nuñez, who was then a driver of the Makati City Hall engineering department, apologized to Ibay. He said he didn?t know that the space where he had parked a government vehicle three days earlier was strictly for the judge?s use.

Ibay apparently didn?t accept Nuñez?s apology.

In his defense, Ibay said there was already a marker with his name at the parking space.

He added that he came to work early in the morning so he could immediately take on his many tasks as the city?s third-highest ranking judge at the time. Not being able to park had caused a disruption in his functions as a magistrate.

He was not alone

Ibay said he had also cited other persons for contempt on grounds that they disrupted his performance of official duties.

Those cited included an electrician who erroneously switched off the electrical outlets in his sala, one person who allowed water to overflow in his chambers and damage his computer and another driver who occupied his parking slot.

Ibay was also sanctioned for citing these persons in contempt.