CA junks contempt case vs Abalos lawyer

MANILA, Philippines — The Court of Appeals dismissed the contempt case against Brigido Dulay, counsel for former Commission on Elections chairman Benjamin Abalos.

Benjamin Abalos INQUIRER FILE PHOTO

In a 21-page decision dated March 22 but was released to the media Tuesday, the appeals court 12th division through Associate Justice Francisco Acosta also recalled the warrant for Dulay’s arrest.

Pasay regional trial court Branch 112 Judge Jesus Mupas cited Dulay and Abalos in contempt after Dulay filed a motion for inhibition alleging that certain individuals claiming to be emissaries of Mupas tried to extort money from his client.

The Appellate Court said that “the motion for inhibition merely enumerated the factual circumstances which led petitioner’s client [Abalos] to believe that he can no longer get an impartial trial from the respondent [Judge].”

“Simply, petitioner [Dulay], as counsel for Abalos, merely relayed to the court a quo specific events which ultimately led petitioner’s client [Abalos] to doubt the court a quo’s impartiality,” the decision said.

“A review of the contents of the motion for inhibition as well as the transcript of stenographic notes of the hearing held thereon leads us to believe that no malicious, derogatory or offensive allegations were made by petitioner [Dulay]” the appeals court added.

The Appellate Court also said that “petitioner’s [Dulay] actuations are neither malicious, offensive or derogatory to the administration of justice as to hold him [Dulay] liable for direct contempt of court.”

Dulay, in a statement said the CA decision was “a concrete and solid proof that the Philippine judicial system is functioning effectively.”

“I never had any doubt that our CA Justices would faithfully and impartially carry out their mandate of providing legal relief to anyone seeking redress from a miscarriage of justice in the lower courts,” Dulay said.

The decision was concurred by Justices Magdangal De Leon and Angelita Gacutan.