Magtanggol gatdula profile by sanford

Retired PCol.

Petitioner alleges that these acts amount to improper conduct tending to impede, obstruct, or degrade the administration of justice. They present a dangerous argument; that is, people can choose to defy this Court’s orders as long as it fits their perception. Moreover, respondents failed to convince this Court that

they have acted in the regular performance of their duty.

Floresto P. Arizala, Jr., Atty. The principle of res judicata, a civil law principle, is not applicable in criminal cases, as explained in Trinidad v. RULING: The Court’s ruling in Lejano cannot preclude petitioner’s filing of the contempt action. Petitioner’s sole evidence against respondent Atty. Arizala, and Atty. GATDULA

PCol. They are comprised of highly experienced military, law enforcers and seasoned business professionals. Aside from their bare assertion that the medical technologist gave them the wrong information, no other evidence showed that they transferred the specimen to the trial court or to other agency’s custody.

On the second ground, petitioner prays that respondents Atty.

Rivera asked her to execute a second affidavit. Arizala); (7) Atty. Bautista’s April 23, 1997 certification confirmed that the slides themselves were in the NBI’s custody.

Yet, on July 16, 2010, Cabanayan backed up the NBI’s claim that he submitted the semen specimen to the court, while Bautista denied responsibility and said he merely relied on information given to him by the Pathology Section.

The SC agreed with Webb that the NBI officials “acted with gross negligence in safekeeping the specimen in their custody.”

It cited the transcripts of the RTC hearings in which Cabanayan testified on February 5, 1996 that he could not bring the slides because “I forgot all about it.” Two days later, he testified that he last saw the slides in 1995.

“These exchanges before the trial court belie respondents’ claim that they submitted the sperm specimen to the court… The actual slides were never submitted in court,” read the decision penned by Associate Justice Marvic Leonen.

The SC said the NBI officials failed to convince it that they acted in the regular performance of their duty and explain the contradicting claims.

“The facts here sufficiently prove that, indeed, there was willful disobedience,” read the decision.

However, the SC denied Webb’s petition to hold agents Pedro Rivera and John Herra in contempt for allegedly coaching star witness Jessica Alfaro in identifying him as Carmela’s rapist and murderer.

The SC said the NBI agents “were not shown to have planned a deliberate scheme to inculpate” Webb.

Webb’s sole evidence was the unsupported testimony of lawyer Artemio Sacaguing, who claimed to have been told by Alfaro that Rivera asked her to execute a second affidavit.

As for Herra, Webb presented the testimony of NBI agent Mark Anthony So.

But, all So said was that Herra asked him if Webb was the person in the picture while Alfaro was around.

“Intent is a necessary element in criminal contempt. Efren F. Lagmay (Ret.) CSP, BOSH

VP for Administration