NEWS
SC fines Cagayan governor, law office for indirect contempt

2/23/24, 5:30 AM
The Supreme Court has ordered Cagayan Governor Manuel N. Mamba and his counsel, Macalintal Law Office to pay a fine of PHP30,000 after finding them guilty if indirect contempt for failing to satisfactorily justify their filing of a petition for temporary restraining order and/or write of preliminary injunction then withdrawing the petitions one week later.
Acting on the urgency of Mamba’s petitions, the court issued the TRO sought by the governor and ordered the House of Representatives from having him cited for contempt and arrested for allegedly failing to attend committee hearings of the Committees on Public Accounts and on Suffrage and Electoral Reforms.
However, before the TRO could be served to the parties, online news outlets reported that the governor had voluntarily surrendered to the respondents.
Records of the case showed that Mamba had been invited to attend the hearings of House Resolution 145 calling for an audit of the Cagayan provincial government’s expenditures during the 2022 campaign period and HR 146 proposing an inquiry into alleged voter manipulation during the same period.
It turned out that the resolutions were filed by Cagayan Rep. Joseph Lara, reportedly husband of Zara Lara who was defeated by re-electionist Mamba during the 2022 gubernatorial race.
Mamba declined the Lower House invitations, citing conflict of interest in view of the proponent’s relationship to the defeated candidate. He also cited the subject matter being sub judice in a separate case before the Supreme Court.
Subsequently, on August 7, 2023, the House Committees issued Show Cause Orders to Gov. Mamba, prompting a series of events where, on August 19, 2023, law enforcement officials served Contempt and Detention Orders at Gov. Mamba's residence.
Despite his willingness to cooperate by traveling to Manila to face the Committee, Gov. Mamba found himself under restrictive conditions, leading him to file a petition challenging the legality of the Orders.
The Supreme Court swiftly responded by issuing a TRO on August 24, 2023, preventing the enforcement of the Orders.
However, before proper service to the involved parties, news circulated that Gov. Mamba had voluntarily surrendered to authorities. Gov. Mamba later withdrew his petition, citing the implementation of the Orders and his release from detention, which had been contingent upon the withdrawal of his petition.
This withdrawal prompted the Supreme Court to scrutinize Gov. Mamba's actions further.
The Court found his explanations inconsistent and deemed them an attempt to avoid accountability. It emphasized the importance of litigants respecting the judicial process and condemned any conduct hindering the administration of justice.
Consequently, Gov. Mamba and the Macalintal Law Office were found guilty of indirect contempt under Rule 71, Section 3(c) and (d) of the Rules of Court.
In addition to the fines imposed, they were sternly warned against repeating similar actions in the future.
Furthermore, the Court dissolved the previously issued TRO and noted a separate administrative matter concerning allegations of contemptuous statements made by Gov. Mamba against the Judiciary.
The Court instructed local judges to provide their comments on this matter, reflecting the severity with which such actions are regarded within the legal framework.
