Petition For Indirect Contempt: Republic of The Philippines

REPUBLIC OF THE PHILIPPINES
First Judicial Region
Regional Trial Court
Branch __, Baguio City
MRS. JUANA A. DELA CRUZ,
Petitioner,
- versus - SPEC. PROC. NO. __________
For: Indirect Contempt
IVANA DELA CRUZ-ALAWI,
Respondent.
x - - - - - - - - - - - - - - - - - - - - - - - -x
PETITION FOR INDIRECT CONTEMPT
PETITIONER JUANA A. DELA CRUZ, through the undersigned
counsel and unto this Honorable Court, and by way of a Petition for Indirect
Contempt, most respectfully avers the following:
1. Petitioner Juana A. Dela Cruz, is of legal age, Filipino, and is
presently residing at 412 Purok 3, Honeymoon Road, Baguio City where
she may be served with processes and pleadings of the Honorable Court.
1
2. Respondent Ivana Dela Cruz-Alawi, is likewise of legal age,
Filipino, married, and with last known address at 164 Aurora Hill, Baguio
City, where she may be served with processes and pleadings of the
Honorable Court.
3. On 10 October 2020, the Regional Trial Court, Branch 3, issued
an Order in Civil Case No. 03-0418 CFM, entitled, “Juana Dela Cruz v.
Ivana Dela Cruz-Alawi”, directing the issuance of a writ of execution against
defendant Ivana Dela Cruz-Alawi, the latter being ordered to immediately
vacate the property located at 412 Purok 3, Honeymoon Road, Baguio
City.
A copies of the said Order is hereto attached as ANNEX “A”.
4. The said Writ of Execution was successfully implemented on 10
November 2020 and therein defendant Ivana Dela Cruz-Alawi indeed
complied with the writ of execution and vacated the subject property.
5. Unfortunately, one (1) month later or on 10 December 2020,
without permission and authority from the owner and occupant of the
subject property, respondent Ivana Dela Cruz-Alawi, once again disturbed
the peaceful possession of the property by going inside its premises, in
clear violation of the RTC Br. 3’s Order dated 10 October 2020.
Copies of pictures of respondent illegally occupying the premises of
the subject property are hereto attached as ANNEX “B”.
2
6. Due to the illegal acts of respondent Ivana Dela Cruz-Alawi, the
petitioner-owner of the property and her family are once again being
inconvenienced and suffering serious anxiety, mental anguish and stress.
7. Such act of the respondent Ivana Dela Cruz-Alawi is a clear
misbehavior that obstructs or interrupts the proceedings before the
Honorable Court; it is also offensive and disrespectful towards the
Honorable Court; such misbehavior is an open defiance to the processes of
the Honorable Court.
8. Withal, the petitioner asks of the Honorable Court to cite
respondent Ivana Dela Cruz-Alawi in contempt for her obvious wanton
disregard and disrespect to the lawful order dated 10 October 2020.
Copy of the Resolution dated 10 October 2020 are hereto attached
as ANNEXES “C”.
PRAYER
WHEREFORE, the foregoing considered, it is respectfully prayed of
the Honorable Court :
1. TO CITE respondent Ivana Dela Cruz-Alawi for indirect contempt;
and be ordered to explain why they should not be punished for contempt of
3
court and, that should their explanation be found not to be satisfactory
proper, punishment be meted out in the interest of justice.
Other relief just and equitable are likewise prayed for.
Baguio City, Benguet, this 13th of December 2020.
IBP BAGUIO CITY CHAPTER

LEGAL AID OFFICE
Room 317, Justice Hall Building,
Yandoc Street, Baguio City, 2600 Benguet
By
Jun Bill M. Cercado

Legal Aid Lawyer
IBP Baguio City Chapter Office
Room 317, Justice Hall Building,
Yandoc Street, Baguio City, 2600 Benguet
IBP OR NO. 0123456-1/04/2019
PTR NO. 7654321-01/03/2019
Attorney’s Roll No. 12345, March 5, 2018
MCLE Compliance Certificate No. 0023182-March 17, 2020
Copy furnished:
Atty. Diosdado D. Magtanggol
Counsel for the Defendant
Room 6, 4th Floor, Laperal Building
Session Road, Baguio City
(074)-412-4289
4
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
I, Juana Dela Cruz, of legal age, Filipino, single and a resident of
412 Purok 3, Honeymoon Road, Baguio City, Philippines, after having duly
sworn in accordance with law, hereby depose and say:
1. I am the Petitioner in the foregoing and I have caused the preparation
and filing of the foregoing Petition for Indirect Contempt;
2. The allegations in the pleading are true and correct based on my
personal knowledge or authentic documents;
3. The pleading is not filed to harass, cause unnecessary delay, or
needlessly increase the cost of litigation;
4. The factual allegations therein have evidentiary support of, if
specifically identified, will likewise have evidentiary support after a
reasonable opportunity for discovery;
5. I have read and understood the contents of the said document and
hereby declare that the contents thereof are true and correct based
on my personal knowledge and available authentic documents;
6. I further certify that:
a. I have not commenced any action or filed any claim involving
the same issues in the Supreme Court, Court of Appeals,
Regional Trial Court, Municipal Trial Court, or any other court,
tribunal or quasi-judicial agency;
b. To the best of my knowledge, no such other action or claim is
pending before any Municipal Trial Courts, Regional Trial
Courts, Court of Appeals and with the Supreme Court, and/or
5
any tribunal for that matter;
c. Should I thereafter learn that a similar action or claim has been
filed or is pending before any of the said tribunals, I undertake
to report that fact within five (5) calendar days from such notice
to the Honorable Court.
7. I am executing this affidavit to attest to the truthfulness and veracity
of the foregoing statements and for all legal intents and purposes it
may serve.
IN WITNESS WHEREOF, I have hereunto affixed my signature this
13th day of December 2020 at the City of Baguio, Philippines.
JUANA A. DELA CRUZ

Affiant/Defendant
TIN No. 432-109-453-000
Issued on: May 16, 2009
Baguio City
SUBSCRIBED AND SWORN TO before me, this 13th day of
December 2020 at Baguio City, Philippines, by the affiant, who personally
appeared with her valid identification document with particulars indicated
below her name and signature, known to me to be the same person who
executed this affidavit which she acknowledged before me as her free and
voluntary act and deed.
6
WITNESS MY HAND AND SEAL.
Doc. No.: 03; JUN BILL M. CERCADO

Page No.: 01; Notary Public for Baguio City
Book No.: VII; Until December 31, 2021
Series of 2020. IBP Baguio City Chapter Office
Room 317, Justice Hall Building
Yandoc Street, Baguio City, 2600
PTR NO. 7654321-01/03/2019
Roll No. 12345, March 5, 2018
MCLE Compliance Certificate No.023182

Petition For Indirect Contempt: Republic of The Philippines

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REPUBLIC OF THE PHILIPPINES

First Judicial Region

Regional Trial Court

Branch __, Baguio City

MRS. JUANA A. DELA CRUZ,

- versus - SPEC. PROC. NO. __________

For: Indirect Contempt

IVANA DELA CRUZ-ALAWI,

PETITION FOR INDIRECT CONTEMPT

PETITIONER JUANA A. DELA CRUZ, through the undersigned

Contempt, most respectfully avers the following:

1. Petitioner Juana A. Dela Cruz, is of legal age, Filipino, and is

presently residing at 412 Purok 3, Honeymoon Road, Baguio City where

3. On 10 October 2020, the Regional Trial Court, Branch 3, issued

Ivana Dela Cruz-Alawi”, directing the issuance of a writ of execution against

defendant Ivana Dela Cruz-Alawi, the latter being ordered to immediately

vacate the property located at 412 Purok 3, Honeymoon Road, Baguio

A copies of the said Order is hereto attached as ANNEX “A”.

4. The said Writ of Execution was successfully implemented on 10

November 2020 and therein defendant Ivana Dela Cruz-Alawi indeed

5. Unfortunately, one (1) month later or on 10 December 2020,

subject property, respondent Ivana Dela Cruz-Alawi, once again disturbed

the peaceful possession of the property by going inside its premises, in

Copies of pictures of respondent illegally occupying the premises of

the subject property are hereto attached as ANNEX “B”.

inconvenienced and suffering serious anxiety, mental anguish and stress.

7. Such act of the respondent Ivana Dela Cruz-Alawi is a clear

misbehavior that obstructs or interrupts the proceedings before the

Honorable Court; it is also offensive and disrespectful towards the

Honorable Court; such misbehavior is an open defiance to the processes of

the Honorable Court.

8. Withal, the petitioner asks of the Honorable Court to cite

respondent Ivana Dela Cruz-Alawi in contempt for her obvious wanton

disregard and disrespect to the lawful order dated 10 October 2020.

Copy of the Resolution dated 10 October 2020 are hereto attached

WHEREFORE, the foregoing considered, it is respectfully prayed of

the Honorable Court :

1. TO CITE respondent Ivana Dela Cruz-Alawi for indirect contempt;

proper, punishment be meted out in the interest of justice.

Other relief just and equitable are likewise prayed for.

Baguio City, Benguet, this 13th of December 2020.

IBP BAGUIO CITY CHAPTER

Jun Bill M. Cercado

I, Juana Dela Cruz, of legal age, Filipino, single and a resident of

sworn in accordance with law, hereby depose and say:

1. I am the Petitioner in the foregoing and I have caused the preparation

and filing of the foregoing Petition for Indirect Contempt;

2. The allegations in the pleading are true and correct based on my

personal knowledge or authentic documents;

3. The pleading is not filed to harass, cause unnecessary delay, or

needlessly increase the cost of litigation;

4. The factual allegations therein have evidentiary support of, if

specifically identified, will likewise have evidentiary support after a

reasonable opportunity for discovery;

on my personal knowledge and available authentic documents;

6. I further certify that:

a. I have not commenced any action or filed any claim involving

the same issues in the Supreme Court, Court of Appeals,

Regional Trial Court, Municipal Trial Court, or any other court,