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Republic of the Philippines Seventh Judicial Region REGIONAL TRIAL COURT Branch 5 Cebu City Bernard B.

Busico, Plaintiff, -versusLester L. Cabatino, Defendant. x-------------------------------/ Civil Case No. 4321 For: Indirect Contempt

ANSWER Defendant, through counsel, respectfully states:


1.

The defendant affirms the paragraph 1 of the petition;

contention

of

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 defendants 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; Based on all the foregoing, the plaintiff clearly has no cause of actions against the defendant.

4.

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 plaintiffs 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 sheriffs 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 defendants 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 plaintiffs 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 petition. the petitioner in the above-entitled

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