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Ceniza, Amado S. vs. Alejandro E. Sebastian, et al.

AMADO S. CENIZA, petitioner, vs. ALEJANDRO E. SEBASTIAN, Judge of the Court of First Instance of Davao, 16th Judicial District, Branch VIII, respondent.

G.R. No. L-39914 | 1984-07-02

D E C I S I O N


FERNANDO, J.:

This Court has been and continues to be committed to the authoritative doctrine that the power to punish for contempt should be exercised on the preservative and not vindictive principle. 1 In deciding this certiorari and prohibition proceeding with a plea for a mandatory preliminary injunction, we do so again.

The immediate cause that resulted in an order of arrest for contumacious conduct arose from an ex-parte motion to have respondent Judge Alejandro E. Sebastian, now retired, inhibited from trying a civil case in the then Court of First Instance of Davao, 16th Judicial District, Branch VIII. The...