By Perfecto Raymundo
MANILA, (PNA) — The Court of Appeals has issued a gag order against the cities of Taguig and Makati in the case of the the Fort Bonifacio property.
In a five-page resolution of the CA’s 6th Division written by Associate Justice Marlene Gonzales-Sison, it warned both camps they may be cited for indirect contempt if they would continue to discuss merits of the case in public.
The CA said the existing sub judice rule prohibits the litigants and their lawyers to issue comments and disclosures pertaining to judicial proceedings to avoid prejudging the issue, influencing the court, or obstructing the administration of justice.
Under the Rules of Court, any violation of the sub judice rule is punishable for indirect contempt which carries imprisonment or fine.
“Finally, this Court is not oblivious to the comments, disclosures and statements before the media and the public made by the parties and other personalities after the promulgation of this Court’s July 30, 2013 decision. Consequently, these discussions may violate the sub judice rule,” the CA said.
“Verily, to protect the integrity and independence of this Court that are essential in the orderly and effective dispensation and administration of justice, the parties, their counsels and the witnesses, are hereby ordered to refrain from making public comments on all matters that are sub judice, otherwise, they would be cited for indirect contempt by this tribunal,” it added.
The CA said the gag order “necessarily includes the media.”
In the July 30, 2013 decision of the CA, it said Fort Andres Bonifacio, formerly called Fort William Mckinley, is within the territory and boundary limits of Makati City.
The CA ruled on the disputed area consisting of 729.15 hectares, thereby granted the appeal filed by the Makati City and set aside the decision and order rendered by the Pasig City Regional Trial Court Branch 153 on July 8, 2011 and Dec. 19, 2011.
It declared Presidential Proclamation No. 2475 and Proclamation No. 518 as constitutional and valid.