Anti-graft court fines, cites Philcomsat lawyers for contempt

MANILA, Philippines - The Philippines’ anti-graft court cited two lawyers for indirect contempt, sentencing both to a six-month jail term and ordering them to pay a P30,000 fine each. Lawyers Luis K. Lokin Jr. and Sikini C. Labastilla were held liable for “undermining and/or denigrating" Sandiganbayan’s integrity after the counsels cited an entry in the expense report of the Philcomsat Holdings Corp. (PHC). “Any person reading the [expense report entry] would come to the conclusion that the amount of two million pesos was paid for the Sandiganbayan [temporary restraining order]," the court said, adding that the entry degraded its integrity and honor. The said expense report entry indicated “Cash for Sandiganbayan, tro, potc-philcomsat case’ – P2,000,000." “There can be no other interpretation as the subject entry speaks for itself, damaging as it is to the Sandiganbayan. As such, the subject entry is unquestionably and highly contemptuous," the court said. Associate Justice Rodolfo A. Ponferrada penned the resolution which Associate Justices Efren N. dela Cruz and Norberto Y. Geraldez, division chairman, concurred with. However, other respondents in the case were acquitted. These included PHC president Manuel Nieto, external auditor Virgilio Santos, government appointee to the Philippine Communication Satellite Corp (Philcomsat) and Philippine Overseas Telecommunications Corp. (POTC) boards Enrique Locsin, PHC director Philip Brodett, and PHC assistant vice president and accountant Johnny Tan. Meanwhile, Desideria D. Casas, a former PHC accounting clerk who admitted in court that she wrote “for Sandiganbayan TRO" on a P2 million check stub, was ordered to submit a written explanation explaining why she should exempt from contempt charges. Casas admitted that she made the notation upon Lokin’s instructions. The court also found sufficient evidence for Lokin’s liability after various officers of the Bank of the Philippine Islands (BPI) identified Edison Pantallano, a messenger/driver of Lokin’s law office, as the person who cashed the check. “It is logical to conclude that Mr. Lokin caused the subject entry or was the proximate cause thereof. Such being the case, he should be held responsible or liable for it," the court declared. Although no direct evidence was available to implicate Labastilla, the court said that circumstances indicated that he conspired with Lokin. Besides being the counsel who reportedly sought the TRO regarding the takeover of the elected board, Labastilla also supposedly admitted that he received the P2 million. Labastilla also paid legal fees for the TRO which was issued on September 23, 2005, the same date of the BPI check. There is no evidence showing that any official or member of the Sandiganbayan received and/or partook of the P2 million, the court said. The decision was issued without prejudice to the obligation Lokin and Labastilla to account or liquidate the amount to Philcomsat, the court said. - GMANews.TV