SC dismisses contempt raps on CA justices
THE Supreme Court (SC) dismissed a petition to cite Court of Appeals (CA) Cebu Station Executive Justice Gabriel Ingles and two justices for indirect contempt in relation to a land dispute between Cebu City Hall and the Rallos family.
In its ruling, the High Court said Ingles and Associate Justices Pamela Ann Maxino and Carmelita Manahan made the right decision to issue a Writ of Preliminary Injunction to protect government funds while ownership of the subject property is being threshed out.
“Indeed, far from being guilty of contumacious conduct, respondent justices rightfully exercised prudence and restraint when they resolved to grant the prayer for a Writ of Preliminary Injunction,” said Associate Justice Diosadado Peralta of the SC’s third division.
Lucena Rallos, one of the heirs of lot owner Fr. Vicente Rallos, earlier requested the High Court to cite Ingles and the two other justices for indirect contempt after they stopped the city government from paying the P133 million.
In 1997, Lucena and six other relatives sought payment for the family-owned lot that was converted into a road by the city government.
The Regional Trial Court (RTC) later ruled that the lot was appropriated by the city for public use without payment of just compensation.
The city government was ordered to pay the Ralloses.
The city elevated the matter before the appellate court which, at first, affirmed the RTC’s ruling.
In 2012, the city government asked the CA to issue a temporary restraining order, and a preliminary injunction, as well as to annul earlier rulings after they discovered a “convenio” or old document to prove that the barangay Sambag II lot was donated by the owners to the city.
The convenio, which dates back to the 1940s, was a decision of the Court of First Instance of the Province of Cebu dated Oct. 18, 1940.
The agreement would purportedly prove that the Cebu City government need not pay for a lot that was supposed to be donated by the Ralloses to the local government unit.
The city government said the Ralloses committed extrinsic fraud for deliberately suppressing a significant document.
The Cebu City government paid the Ralloses P56 million in 2011 and 2009.
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