Supreme Court to Cagayan Gov. Mamba: Explain filing, withdrawal of TRO petition

Mike Navallo, ABS-CBN News

<div class='embed-wrap'><figure data-feedback='fb:likes,fb:comments'><img alt='Provincial Government of Cagayan' src='https://sa.kapamilya.com/absnews/abscbnnews/media/2023/tvpatrol/08/25/20201125-mamba-manuel.jpg' ><figcaption>Cagayan governor Manuel Mamba. <em>Photo courtesy of Provincial Government of Cagayan</em></figcaption></figure></div><p>MANILA — The Supreme Court (SC) has required Cagayan Governor Manuel Mamba and his lawyers to explain why they should not be disciplined for allegedly abusing court processes when they filed a petition before the high court, only to later on move to withdraw it.</p><p>In a press briefer released Wednesday, the SC Public Information Office said the magistrates decided Tuesday to “require petitioner Manuel M. Mamba and his counsels, i.e., Macalintal Law Office, to show cause why they should not be disciplinarily dealt with or held in contempt for acts that constitute ‘abuse of or any unlawful interference with the processes or proceedings of a court not constituting direct contempt’ and/or ‘improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the administration of justice’ within ten (10) days from notice.”</p><p>Mamba was the subject of contempt and detention orders by 2 House panels over his failure to attend a probe on allegations of illegal expenditures of his provincial government in the 2022 elections.</p><p>He applied for and successfully secured a temporary restraining order (TRO) from the SC against the House orders on August 24.</p><ul class='op-related-articles'>	<li><a href='https://news.abs-cbn.com/news/08/24/23/house-detains-cagayan-governor-over-failure-to-attend-probe'>House detains Cagayan governor over failure to attend probe</a></li></ul><p>But a few hours before the SC issued a TRO, he voluntarily surrendered to the House of Representatives where he was detained.</p><ul class='op-related-articles'>	<li><a href='https://news.abs-cbn.com/news/08/24/23/house-detains-cagayan-governor-over-failure-to-attend-probe'>House detains Cagayan governor over failure to attend probe</a></li></ul><p>He was later freed by the House after signing an undertaking that he would apologize for his absence, attend future hearings, and no longer discuss the House resolution outside of Congress. </p><ul class='op-related-articles'>	<li><a href='https://news.abs-cbn.com/news/08/24/23/house-frees-cagayan-governor-from-detention'>House frees Cagayan governor from detention</a></li></ul><figure class='op-interactive'><iframe allow='autoplay; fullscreen' frameborder='0' height='100%' id='ivsplayer01' scrolling='no' src='https://player.ivideosmart.com/ivsplayer/v4/dist/html/iframe-src.html?iframeid=ivsplayer01&key=e8c22c015ca9eafa76f1e3edfa03c603&spid=3001339&vid=2777444' width='100%'></iframe></figure><div class='iwantbar'>Watch more News on <a href='https://www.iwanttfc.com/#!/browse/Genres/News/tag_id_genres/id_news' target='_blank'>iWantTFC</a></div><p>From SC’s perspective, Mamba’s actions “effectively rendered nugatory” or worthless the TRO SC issued when he voluntarily surrendered without immediately informing the high court about the supervening event.</p><p>He later filed a manifestation and motion to withdraw his petition.</p><p>SC required his and his lawyers explanation before acting on the motion.</p><p>Under Rule 71 of the Rules of Court, indirect contempt committed against a regional trial court or a court of equivalent or higher rank may be punished with a fine of up to P30,000 or imprisonment not exceeding 6 months, or both. </p><p>The acts punishable under the provision include: </p><ul>	<li>Misbehavior of an officer of a court in the performance of his official duties or in his official transactions</li>	<li>Disobedience of or resistance to a lawful writ, process, order, or judgment of a court</li>	<li>Any abuse of or any unlawful interference with the processes or proceedings of a court not constituting direct contempt under section 1 of this Rule</li>	<li>Any improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the administration of justice</li>	<li>Assuming to be an attorney or an officer of a court, and acting as such without authority</li>	<li>Failure to obey a subpoena duly served</li></ul><p>ABS-CBN News is still reaching out to the office of Governor Mamba and his lawyers from Macalintal Law Office.</p>

<p>He applied for and successfully secured a temporary restraining order (TRO) from the SC against the House orders on August 24.</p><ul class='op-related-articles'>	<li><a href='https://news.abs-cbn.com/news/08/24/23/house-detains-cagayan-governor-over-failure-to-attend-probe'>House detains Cagayan governor over failure to attend probe</a></li></ul><p>But a few hours before the SC issued a TRO, he voluntarily surrendered to the House of Representatives where he was detained.</p><ul class='op-related-articles'>	<li><a href='https://news.abs-cbn.com/news/08/24/23/house-detains-cagayan-governor-over-failure-to-attend-probe'>House detains Cagayan governor over failure to attend probe</a></li></ul><p>He was later freed by the House after signing an undertaking that he would apologize for his absence, attend future hearings, and no longer discuss the House resolution outside of Congress. </p><ul class='op-related-articles'>	<li><a href='https://news.abs-cbn.com/news/08/24/23/house-frees-cagayan-governor-from-detention'>House frees Cagayan governor from detention</a></li></ul><figure class='op-interactive'><iframe allow='autoplay; fullscreen' frameborder='0' height='100%' id='ivsplayer01' scrolling='no' src='https://player.ivideosmart.com/ivsplayer/v4/dist/html/iframe-src.html?iframeid=ivsplayer01&key=e8c22c015ca9eafa76f1e3edfa03c603&spid=3001339&vid=2777444' width='100%'></iframe></figure><div class='iwantbar'>Watch more News on <a href='https://www.iwanttfc.com/#!/browse/Genres/News/tag_id_genres/id_news' target='_blank'>iWantTFC</a></div><p>From SC’s perspective, Mamba’s actions “effectively rendered nugatory” or worthless the TRO SC issued when he voluntarily surrendered without immediately informing the high court about the supervening event.</p><p>He later filed a manifestation and motion to withdraw his petition.</p><p>SC required his and his lawyers explanation before acting on the motion.</p><p>Under Rule 71 of the Rules of Court, indirect contempt committed against a regional trial court or a court of equivalent or higher rank may be punished with a fine of up to P30,000 or imprisonment not exceeding 6 months, or both. </p><p>The acts punishable under the provision include: </p><ul>	<li>Misbehavior of an officer of a court in the performance of his official duties or in his official transactions</li>	<li>Disobedience of or resistance to a lawful writ, process, order, or judgment of a court</li>	<li>Any abuse of or any unlawful interference with the processes or proceedings of a court not constituting direct contempt under section 1 of this Rule</li>	<li>Any improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the administration of justice</li>	<li>Assuming to be an attorney or an officer of a court, and acting as such without authority</li>	<li>Failure to obey a subpoena duly served</li></ul><p>ABS-CBN News is still reaching out to the office of Governor Mamba and his lawyers from Macalintal Law Office.</p>

<p>In a press briefer released Wednesday, the SC Public Information Office said the magistrates decided Tuesday to “require petitioner Manuel M. Mamba and his counsels, i.e., Macalintal Law Office, to show cause why they should not be disciplinarily dealt with or held in contempt for acts that constitute ‘abuse of or any unlawful interference with the processes or proceedings of a court not constituting direct contempt’ and/or ‘improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the administration of justice’ within ten (10) days from notice.”</p><p>Mamba was the subject of contempt and detention orders by 2 House panels over his failure to attend a probe on allegations of illegal expenditures of his provincial government in the 2022 elections.</p>

<div class='embed-wrap'><figure data-feedback='fb:likes,fb:comments'><img alt='Provincial Government of Cagayan' src='https://sa.kapamilya.com/absnews/abscbnnews/media/2023/tvpatrol/08/25/20201125-mamba-manuel.jpg' ><figcaption>Cagayan governor Manuel Mamba. <em>Photo courtesy of Provincial Government of Cagayan</em></figcaption></figure></div><p>MANILA — The Supreme Court (SC) has required Cagayan Governor Manuel Mamba and his lawyers to explain why they should not be disciplined for allegedly abusing court processes when they filed a petition before the high court, only to later on move to withdraw it.</p>

The Supreme Court required Cagayan Gov. Mamba to explain why he should not be disciplined for allegedly abusing court processes. 

Supreme Court to Cagayan Gov. Mamba: Explain filing, withdrawal of TRO petition | ABS-CBN News

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Supreme Court to Cagayan Gov. Mamba: Explain filing, withdrawal of TRO petition

Supreme Court to Cagayan Gov. Mamba: Explain filing, withdrawal of TRO petition