04/02/2020
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Section 7, Rule 71 of the Rules provides the penalty for indirect contempt. Section 7
of Rule 71 reads:
SEC. 7. Punishment for indirect contempt. – If the respondent is
adjudged guilty of indirect contempt committed against a Regional Trial
Court or a court of equivalent or higher rank, he may be punished by a
fine not exceeding thirty thousand pesos or imprisonment not exceeding
six (6) months, or both. x x x
For his contumacious conduct and considering the attendant circumstances, the
Court deems it proper to impose a fine of P10,000.00.
WHEREFORE, the petition for contempt is GRANTED. The assailed Temporary
Restraining Order dated July 27, 2009, Order dated July 31, 2009 and Writ of
Preliminary Injunction in NCIP Case No. 31-CAR-09, and Temporary Restraining
Order dated July 27, 2009, Order dated July 31, 2009 and Writ of Preliminary
Injunction in NCIP Case No. 29-CAR-09 are hereby all LIFTED and SET ASIDE.
The Court finds respondent Atty. BRAIN S. MASWENG, Regional Hearing Officer,
National Commission on Indigenous Peoples, Cordillera Administrative Region (NCIPCAR), GUILTY of Indirect Contempt and hereby imposes on him a fine of TEN
THOUSAND PESOS (P10,000.00) payable to this Court’s Cashier within ten (10) days
from notice, with the additional directive for respondent to furnish the Division Clerk
of this Court with a certified copy of the Official Receipt as proof of his compliance.
SO ORDERED.
Sereno, C.J., (Chairperson), Leonardo-De Castro, Bersamin, and Reyes, JJ., concur.
[1] Rollo, pp. 3-12.
[2] Annex “4,” id. at 74-76.
[3] Annex “6,” id. at 85-97.
[4] Annex “A,” id. at 132-133.
[5] Annex “7,” id. at 98-100.
[6] Annex “8,” id. at 101-113.
[7] Annex “D,” id. at 149-150.
[8]
Presidential Decree (P.D.) No. 705, Section 69. Unlawful occupation or
destruction of forest lands. Any person who enters and occupies or possesses, or
makes kaingin for his own private use or for others any forest land without authority
under a license agreement, lease, license or permit, or in any manner destroys such
forest land or part thereof, or causes any damage to the timber stand and other
products and forest growths found therein, or who assists, aids or abets any other
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