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Fontelera vs. Judge Amores

RODRIGO V. FONTELERA and AMADO A. FONTELERA, petitioners, vs. HONORABLE JUDGE AUGUSTO M. AMORES and MARY AGNES BURNS, respondents.

G.R. No. L-41361 | 1976-03-08

D E C I S I O N

FERNANDO, J:

One of the most valued judicial prerogatives is the implied power to punish for contempt. Its exercise, however, may at times give rise to the vexing question of whether in view of the conjunction in a single person of the role of both prosecutor and judge, the action taken may be arbitrary and thus offends against the due process clause. In this certiorari and mandamus proceeding, the former is intended to correct what is alleged to be a grave abuse of discretion not only because petitioner Rodrigo V. Fontelera, was found guilty of contempt, but also because his motion for indirect contempt against private...