Republic of the Philippines
Seventh Judicial Region
REGIONAL TRIAL COURT
Branch 5
Cebu City
Bernard B. Busico,
Plaintiff,
-versus- Civil Case No. 4321
For: Indirect Contempt
Lester L. Cabatino,
Defendant.
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ANSWER
Defendant, through counsel, respectfully states:
1.The defendant affirms the contention of
paragraph 1 of the petition;
2.Now defendant specifically denies paragraph 2
of the petition, that if it is true that they
issued subpoena, it is nevertheless verified to
have been received by the defendant because the
truth of the matter, no subpoena had ever reach
to the defendant, thus a valid reason to
contend that no reference as to when, where and
why should appearance be made into this
honourable court. Furthermore, the defendant
would like to established the fact that on Dec.
20, 2012 until January 5, 2013, defendant and
the entire family was on a vacation outside the
country celebrating Christmas and New Years Day
in Singapore, tickets back and forth is
presented as “Annex A”.;
3.Defendant strongly denies the contention in
paragraph 3, for in truth and in fact, no
missed calls has ever appeared or registered
into the defendant’s cellular phone, nor calls
received in defendants’ landline number whom at
that particular date, January 7, 2013, he was
already in the Philippines, particularly in his
business store having some inventories, where
if ever there were invitations for testimony,
he could exit and go anytime;
4.Based on all the foregoing, the plaintiff
clearly has no cause of actions against the
defendant.
Wherefore it is specifically prayed that the
petition for indirect contempt be dismissed for lack
of merits and legal grounds to do so.
Carmi A. Masangkay-Cabigon
Counsel
Done in Cebu City, Philippines, January 31, 2013.
PETITION
Plaintiff, by counsel, respectfully alleges that:
1. Plaintiff is of legal age, single and a resident
of #13 T. Padilla St., Cebu City, while defendant is
also of legal age, single and a resident of Brgy.
Apas, Lahug Cebu City.
2. On December 13, 2012, upon plaintiff’s
application, the Court issued a subpoena for
defendant to appear and testify for the plaintiff for
an unlawful detainer case titled "Busico vs. Ylaya"
on January 7, 2013 at 8:30 a.m. before the Regional
Trial Court, branch 7. The subpoena was served on
December 21, 2012 by the sheriff. Certified true
copies of the subpoena and the sheriff’s return are
attached hereto as Annexes “A” and “B,” respectively.
3. On January 7, 2013, the date on which the the
trial of the plaintiff would commence; the defendant
was nowhere to be found inside the court. At around
8:30 a.m., the plaintiff's case was called for
session by the Clerk of Court but the plaintiff
requested to be the last case for the morning trial,
hoping that the defendant would appear. The plaintiff
then went outside the sala of the judge three times
in order to call the defendant’s cellular at around
8:40 a.m., 9:20 a.m. and 10:35 a.m. to inquire if the
defendant is coming or the reason of his absence,
however, no one answered his call. At around 11:00
a.m., the Clerk of Court called for the start of the
plaintiff's case. The plaintiff presents his evidence
without the defendants’ appearance as supposed to be
plaintiff’s first witness.
4. The plaintiff now came into this court in order
for the defendant to explain why he should not be
punished for indirect contempt on the ground of
failure to obey a subpoena duly served. Should his
explanation not be satisfactory, the proper
punishment for indirect contempt will be meted out.
Wherefore, plaintiff prays that after defendant
shall have been given the opportunity to be heard,
judgement be rendered punishing him for indirect
contempt of court for wilful defiance and disregard
of the subpoena served on him on December 21, 2012.
Done in Cebu City, Philippines, January 17, 2013.
April Rose A. Yosores
Counsel
Verification and Certification Against Forum Shopping
I, Bernard B. Busico, of legal age and with
residence at #13 T. Padilla St., Cebu City, after
having been duly sworn, depose and say that:
1. I am the petitioner in the above-entitled
petition.
2. I have caused the preparation of said petition.
3. I have read the allegation therein contained,
and that the same are true and correct of my personal
knowledge or based on authentic records.
4. I have not theretofore commenced any action or
filed any claim involving the same issues in court,
tribunal, or quasi-judicial agency and, to the best
of my knowledge, no such other action or claim is
pending therein; and if I should thereafter learn
that the same or similar action or claim has been
filed or is pending, I shall report that fact within
five (5) days therefrom to the court wherein the
aforesaid complaint or initiatory pleading has been
filed.
Witness my hand this 17th day of January 2013 at
Cebu City, Philippines.
Bernard B. Busico
Affiant
Subscribed and sworn to me this 17th day of
January 2013 at Lahug, Cebu, Philippines by the
affiant who appeared before me with his Residence
Certificate No. 654321 issued on January 2, 2013 at
T. Padilla St., Cebu city.
Notary Public
Doc. No. 088
Page No. 080
Book No. 008
Series of 2013
