Journos question court jurisdiction
DOES Regional Trial Court Judge Raphael Yrastorza has jurisdiction over the libel case against tri-media personality Leo Lastimosa even after he rendered judgment?
This was the question posed by Lastimosa’s lawyer, Celso Espinosa, as the judge yesterday conducted a hearing on his move to cite the broadcaster and veteran journalist Pacheco Seares, executive director of the Cebu Citizens Press Council and Public and Standards editor of Sun.Star Cebu for indirect contempt over statements critical to the libel conviction of Lastimosa.
Espinosa said they already filed an appeal before the Court of Appeals to contest the guilty verdict rendered by Yrastorza against Lastimosa. With this, Espinosa believes that the appellate court has jurisdiction of Lastimosa’s case.
But Yrastorza thinks otherwise.
“As long as the records of this case is still with me, it’s still (under my jurisdiction.) The matters will be resolved by this court,” he said.
Yrastorza ordered Lastimosa and Seares to explain why they shouldn’t be cited for indirect contempt after they accused him of being biased.
The counsel of the two journalists requested Yrastorza to clarify the particular articles or utterances that drew the ire of the court.
Yrastorza said he will make the necessary clarifications. Lastimosa and Seares were ordered to submit their explanation within 15 days.
“For the record, it is not the court who wants to continue (with this issue). If the respondents (Lastimosa and Seares) didn’t make those statements, the show cause order shouldn’t have been there,” the judge said.
Yrastorza said Lastimosa and Seares were insinuating that he is biased for allegedly being close to the family of former Cebu governor Gwendolyn Garcia and for receiving allowances from the Provincial Government.
“They want to persuade the CA that this court is biased. This court has never been biased whether (I was still) in Ormoc, Argao, Lapu-Lapu City, Mandaue City, and Toledo City. Nobody can accuse this court of being biased. I don’t have to mention the lawyers who know me very well,” the judge said.
Yrastorza earlier convicted Lastimosa of libel for destroying the reputation of Garcia in his Arangkada newspaper column titled “Si Doling Kawatan”, published by The Freeman on June 29, 2007.
Lastimosa, an executive of ABS-CBN in Cebu as manager of radio station DYAB and anchor of TV Patrol Central Visayas, was ordered to pay a fine of P6,000 and P2 million in damages to Garcia.
Yrastorza said he would have wanted the CA to take over the case but the statements made by Lastimosa and Seares against him have to be dealt with.
“The court wants to bring this issue to the CA. If the CA will dismiss the case against Lastimosa, so be it. But it’s your clients who tried to prolong this. You might accuse the court of delaying the appeal,” he said.
Yrastorza clarified that the case for indirect contempt against Lastimosa and Seares will be docketed separately.
“We will have a special docket for this. This is a special action: Yrastorza vs Lastimosa and (Seares),” he said.
Seares, the public and standards editor of Sun.Star Cebu, is being represented in court by the Cebu Media Legal Aid (Cemla).
Present during yesterday’s hearing were lawyers Frank Malilong, Celso Espinoza, Eddie Barrita, and Rose Versoza. They will collaborate with the JP Garcia and Associates led by lawyer Joan Baron who shall be the lead counsel for Seares.
Lastimosa, on the other hand, will be represented by lawyer Celso Espinosa.
Lawyer Lito Astillero, the counsel of former governor and now Rep. Garcia, was also present in yesterday’s hearing.
In an interview after the proceedings, Seares said they want Yrastorza to specify what particular statements they made that may have dishonored the court.
“The order of the judge wasn’t specific. What did I write? What did I say? We’re asking what are you accusing us of? I wrote a lot of things about the issue. When you’re accused of anything, you should be informed what are you accused of,” Seares said.
Seares said the court’s order for him to explain why he should not be cited for indirect contempt would not discourage him from writing what he wants to write as long as it’s fair.
He said the judge deserves high respect since the latter is representing a valuable institution.
Since Yrastorza acts as the complainant and judge in the particular case for indirect contempt, Seares said it’s up to the court to inhibit or not.
Lastimosa, for his part, said Yrastorza should decide whether or not to forward the case to the CA or to continue handling the case.
“I would like to believe that I’m Judge Yrastorza’s favorite. He could not let go of my case. So I will respectfully submit to his discretion. I’m just a reporter and commentator. I’m not a mind reader. I don’t know what prompted him to do this kind of action,” he said.
Lastimosa apologized to Seares for dragging him into the issue.
