CA junks arrest warrant vs. lawyer of Abalos

March 27, 2012 1:13 am 

MANILA, March 26 — The Court of Appeals (CA) has quashed the warrant of arrest issued by Pasay City Regional Trial Court (RTC) Branch 112 Presiding Judge Jesus Mupas against the lawyer of former Commission on Elections (Comelec) Chairman Benjamin Abalos Sr. relative to the allegation of extortion against the judge.

In a 21-page ruling penned by Associate Justice Francisco Acosta, the CA's Twelfth Division granted the petition for certiorari and prohibition filed by Atty. Brigido Dulay questioning the warrant of arrest issued by Mupas after finding the lawyer guilty of direct contempt.

The CA said that the "action taken by Dulay does not impede the grind of the wheel of justice" when he was held in contempt of court.

On the other hand, on the issue of the alleged abuse of authority committed by the judge for his failure to impose the correct amount of fine, the CA said it should not anymore be discussed as it has been resolved when the respondent filed a bail bond.

Aside from this, the CA said, the same issue has been negated by the order issued by Mupas on Jan. 12, 2012 suspending the implementation of his order dated Dec. 22, 2011.

Earlier, Abalos asked for the inhibition of Mupas in handling the electoral sabotage charges against him because Mupas allegedly asked for P100 million from him in consideration for a favorable decision on his case. (PNA)

DCT/scs/PTR

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