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ENERDICE BIOFUELS
CORPORATION and THOMAS
RUMMER
Petitioners,
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PETITION
[TO CITE RESPONDENTS IN
INDIRECT CONTEMPT OF COURT]
11. Around 3:00 p.m. of same date, Sheriff Banabana, now armed with
the Court Order and accompanied by elements of the CDC Public
Safety Department, together with Thomas Rummer returned to
the premises to enforce the Writ and the Order.
12. Sheriff Banabana served a copy of the Court’s Order to
Respondents’ employee, Rey Arceo, who refused to receive the
same.
13. As there was clear defiance of the Order and Writ issued by the
Honorable Court, Sheriff Banabana in compliance with the orders
of the Honorable Court was forced to break open the padlocked
garage with a bolt-cutter.
14. Sheriff Banabana was surprised when he saw that an Elf Truck
was maliciously blocking the egress of the Fuel Dice machine.
Worse, the truck had its rear tires intentionally removed. The
actions of the Respondents clearly indicate their malicious intent
to defy the lawful orders of the Honorable Court.
15. Furthermore, the spare parts of the Fuel Dice which Sheriff
Banabana found in the morning were now missing indicating that
the Respondents have maliciously taken the said spare parts
thereby frustrating and impeding the administration of justice in
relation to the instant case for Replevin.
17. The said acts of Respondents Rey Arceo and John Does constitute
unlawful interference in the enforcement of the orders of the
Honorable Court and directly impede and obstruct the
administration of justice.
Attached herein as Annexes “H” and “I” are a copies of the Sheriff’s
Report/Return, and the Delivery receipt respectively, indicating
that Fuel Dice System was seized by Sheriff Banabana sans the
missing parts
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22. In Lu Ym v. Atty. Mahinay, 524 Phil. 564, 572 (2006), the Supreme
Court defined contempt of court as a “disobedience to the Court
by acting in opposition to its authority, justice and dignity. It
signifies not only a willful disregard or disobedience of the courts
orders, but such conduct which tends to bring the authority of the
court and the administration of law into disrepute or in some
manner to impede the due administration of justice. Contempt of
court is a defiance of the authority, justice or dignity of the court;
such conduct as tends to bring the authority and administration of
the law into disrespect or to interfere with or prejudice parties-
litigant or their witnesses during litigation.”
Other reliefs just and equitable under the premises are likewise
prayed for.
By:
GERALD Y. MEDINA
IBP Life Member No. 011631
PTR No. 0721800/January 06, 2016/ Angeles City
Supreme Court Roll of Attorney’s No. 59552
MCLE Compliance No. IV-0007497/ August 29, 2012/ Pasig City
VERIFICATION / AFFIDAVIT OF NON-FORUM SHOPPING
Republic of the Philippines )
Pasig City ) S.S.
THOMAS RUMMER
Affiant