[G.R. No. 160025.

April 20, 2005]

SANGGUNIANG PANLUNGSOD NG BAGUIO vs. JADEWELL
PARKING
On February 9, 2005, this Court issued a writ of preliminary mandatory
injunction directing Baguio City Mayor Braulio D. Yaranon, his agents,
representatives and/or any person or persons acting upon his orders or
in his place or stead to immediately reopen the streets and/or premises
operated and/or occupied by Jadewell Parking Systems Corporation
(Jadewell). They were further directed to let the said streets and
premises remain open until further orders of this Court. However,
Jadewell subsequently informed this Court that, contrary to the
representation of Mayor Yaranon and in violation of the writ (of
preliminary mandatory injunction), the parking spaces, roads and streets
operated and/or occupied by Jadewell remained closed. It presented
pictures taken on March 1, 2005 showing the continued closure of the
parking spaces at Burnham Park and the adjoining Abad Santos Drive,
Lake Drive and Harrison Road. It also submitted affidavits of pay parking
customers attesting to the fact that until now, the parking spaces and
streets that Jadewell previously utilized for pay parking has not been
opened. Further, counsel for Jadewell furnished with a copy to the court
of its February 15, 2005 letter to Mayor Yaranon urging the latter to
comply with the writ. Faced with the conflicting manifestations of the
parties, this Court directed Judge Iluminada Cabato-Cortes, Executive
Judge of the Regional Trial Court (RTC) of Baguio City, to determine
whether or not Mayor Yaranon in fact complied with the writ of
preliminary mandatory injunction and to submit a report thereon.
In her report, Judge Cabato-Cortes attached the written account of
Marani S. Bacolod, Sheriff IV of RTC-Baguio City, Branch 59, which
reads:
That on March 21, 2005 at around 2:25 in the afternoon, the Honorable
Executive Judge instructed the undersigned together with Gilbert
Evangelista to go to Jadewell Parking Systems particularly along
Harrison and Ganza Areas to verify whether said premises are already
open for business, but it is still closed with G.I. pipe railings measuring
about 74 feet at the main entrance and exit; April 4, 2005, the
undersigned were again instructed by the Executive Judge to check on
the premises of Jadewell Parking Systems [Corporation], particularly

located at the aforementioned areas to find out whether there were

changes in the physical set up but there was none; Judge Cabato-Cortes
personally visited the premises on April 4, 2005. She found that the
account of sheriff Bacolod accurately reflected the actual condition in the
said premises. She observed that there were several policemen posted at
the parking area adjacent to Ganza Restaurant. When she interviewed
some of the policemen, they confirmed that the entrance and exit to the
parking area were indeed closed.
ISSUE:
Whether or not the City Mayor of Baguio committed direct and
indirect contempt by disobedience and acting opposition to its authority.

HELD:
Contempt of court is disobedience to the court by acting in
opposition to its authority, justice and dignity. It signifies not only a
willful disregard or defiance of the court's orders but also such conduct
as tends to bring the authority of the court arid the administration of law
into disrepute or in some manner to impede the due administration of
justice. Under the Rules of Court, contempt is classified into either direct
or indirect contempt. Direct contempt is committed in the presence of or
so near a court or judge. It can be punished summarily without hearing.If
the pleading containing derogatory, offensive or malicious statements is
submitted in the same court where the proceedings are pending, it is
direct contempt. It is equivalent to a misbehavior committed in the
presence of or so near a judge. Contemptuous statements made in the
pleadings filed with the court constitute direct contempt. Similarly, false
or misleading allegations in a pleading or other document filed with the
court having cognizance of the case tending to frustrate the due
dispensation of justice constitute direct contempt. Candidness to the
court is essential for the expeditious administration of justice.
Here, Mayor Yaranon misled this Court into believing that he had already
obeyed the directive contained in the writ. The very caption of his paper
itself manifested his intention to make believe that the writ had been
fully complied with. It attempted to create the impression that the

premises and streets previously operated by Jadewell were already open

pursuant to this Court's order when in fact they were not. Indubitably, it
constituted fraud on the court punishable as contempt.
His continuing refusal to carry out and implement the writ is a willful
disregard of and disobedience to this Court's lawful orders. His defiance
controvertibly proves his intention to tie the hands of justice and prevent
it from taking its due course. Hence Baguio City Mayor Braulio D.
Yaranon is hereby found GUILTY of (1) direct contempt for the falsehood
he deliberately foisted on this Court and (2) indirect contempt for his
continued disobedience to and defiance of the writ of preliminary
injunction the court had issued.
DOCTRINE: