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Republic of the Philippines

THIRD JUDICIAL REGION


REGIONAL TRIAL COURT
Branch 57
Angeles City

ENERDICE BIOFUELS
CORPORATION and THOMAS
RUMMER
Petitioners,

-versus- SCA NO. _____________________


For: INDIRECT CONTEMPT
LAWRENCE SPRINGTHORPE,
TANYA DIZON, REY ARCEO and
John Does
Respondents.

x---------------------------------------x

PETITION
[TO CITE RESPONDENTS IN
INDIRECT CONTEMPT OF COURT]

PETITIONERS, through the undersigned counsel, unto the


Honorable Court, most respectfully allege as follows –

1. Petitioners ENERDICE BIOFUELS CORPORATION (hereinafter “ENERDICE


PHILIPPINES”) and THOMAS RUMMER are the Plaintiffs in a Civil
Case for Replevin entitled “Enerdice Biofuels Corporation and
Thomas Rummer vs. SECOMP Solutions., Jonathan Co, Eliseo Yu,
Tanya Dizon, Henedina Dizon, William Madamba, and Laurence
Springthorpe” and docketed as No. R-ANG-16-00417-CV pending
before Honorable Regional Trial Court Branch 57 Angeles City.
2. Pursuant to the instant case, a Writ of Replevin was issued on 18
February 2016, directing Court Sheriff Florian P. Banabana to take
possession of the Fuel Dice.

Attached herein as Annex “A” is a copy of the Order issued by the


Honorable Court.

3. On 24 February 2016, at around 9:30 a.m., Sheriff Banabana,


accompanied by Petitioner’s representative, Thomas Rummer,
proceeded to Respondent’s premises located at IE-1 Claro M.
Recto Highway, Clark Freeport Zone, Pampanga to serve and
enforce the Writ.

4. Upon arrival, Sheriff Banabana served a copy of the Writ to those


persons present in the said premises. The said persons refused to
accept the same.

5. Thomas Rummer confirmed the location of the Fuel Dice, which


was stored in Respondents’ garage. After inspection, Rummer
found the same to be intact and in order. Petitioner and Sheriff
Banabana also found several spare parts of the Fuel Dice inside
several wooden crates inside a container van, and began
unloading the same. Thomas Rummer confirmed that the spare
parts found are the same items enumerated in the Packing List
issued by EDAG Vehicle Development & Production (EDAG) which
shipped the Fuel Dice to the Philippines.

6. A few moments later, Respondent Tanya Dizon arrived at the


scene. She refused to receive her copy of the Summons and Writ of
Replevin. Instead, she raised a commotion and immediately
ordered their employees to close the rolling steel door to the
garage housing the Fuel Dice.

7. Sheriff Banabana was physically prevented by Tanya Dizon from


re-opening the garage door, who all the while hurled threats and
invectives at the person of Sheriff Banabana and Plaintiff.
Attached herein as Annex “B” is a picture of Respondent Tanya
Dizon physically preventing Sheriff Banabana from re-opening the
garage door.

8. Respondent Laurence Springthorpe was next to arrive.


Springthorpe lost no time openly defying the authority of the
Sheriff and hurling invectives at the person of Thomas Rummer,
threatening to have him killed. He then barricaded the garage
door with his vehicle, a BMW X5 with Plate Number AMA 7018 in
complete defiance and disregard of the Writ of Replevin issued by
the Honorable Court.

Attached herein as Annex “C” is a copy of the Police Blotter filed by


Thomas Rummer detailing Respondent Springthorpe’s hostile
threats.

Attached herein as Annex “D” is a picture of Respondent


Springthorpe’s car, barricading the garage housing the Fuel Dice.

9. Respondents’ hostile acts caused Sheriff Banabana to retreat in


order to prevent potential acts of violence.

10. On same date, Petitioner’s Counsel filed an Urgent Motion


requesting the Court to order the Philippine National Police and
CDC Police to assist Sheriff Banabana in the implementation of the
Writ. Said Motion was favorably acted upon by the Court and an
Order was issued ordering the PNP and CDC police to assist
Sheriff Banabana in the enforcement of the Writ, to arrest anyone
interfering with the same, and ordering said persons to explain
why they should not be held in Contempt of court

Attached herein as Annex “E” is a copy of the Honorable Court’s


Order dated 24 February 2016.

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.

16. Later, Respondent Rey Arceo, accompanied by two John Does,


surrounded Sheriff Banabana and threatened “Mamatay muna
kami sir bago mo makuha yung gamit. Magkagulo tayo dito
pag tinuloy mo yan.” (We would die first before you get the
equipment. We would have trouble if you keep on doing that.)

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.

18. In order to prevent potential acts of violence from erupting,


Sheriff Banabana immediately caused the restraint and
handcuffing of Respondents Arceo and John Does.
Attached herein as Annex “F” is a picture of Respondent Arceo
being handcuffed by Sheriff Banabana.

19. Respondents Tanya Dizon and Laurence Springthorpe would again


arrive at the scene. Respondents maintained their defiant and
obstinate behavior, questioning Sheriff Banabana’s return to the
premises. Respondents refused to receive the Order of the
Honorable Court. Furthermore, Respondents refused to
communicate the whereabouts and turn over the spare parts and
accessories, arrogantly claiming that the same belonged to them.
Respondents Tanya Dizon and Laurence Springthorpe acts of
unlawfully taking the spare parts and accessories directly impede
and obstruct the administration of justice.

Attached herein as Annex “G” is a copy of the Sheriff’s


Report/Return attesting to the foregoing narration of facts
regarding Respondents’ contumacious behavior and blatant
disrespect to the authority of the Sheriff as well as the authority of
the Honorable Court.

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

20. Adding insult to injury, upon thorough and careful inspection of


the now recovered Fuel Dice, it was discovered that several parts,
integral to the proper operation of the Fuel Dice were maliciously
removed by the Respondents.

Attached herein as Annexes “J” to “J-10” are picture comparisons


indicating the missing parts.

Attached herein as Annex “K” is a copy of the Bill of Lading


showing the accessory parts that were delivered together with the
Fuel Dice to Respondents.
21. Section 3, paragraph (b), Rule 71 of the Rules of Court
provides:

Sec. 3. Indirect contempt to be punished after


charge and hearing. After a charge in writing has been
filed, and an opportunity given to the respondent to
comment thereon within such period as may be fixed by
the court and to be heard by himself or counsel, a person
guilty of any of the following acts may be punished for
indirect contempt:

xxxx

(b) Disobedience of or resistance to a lawful writ,


process, order or judgment of a court, x x x.

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.”

23. Clearly, Respondents’ hostile and stubborn defiance of Sheriff


Banabana’s implementation of this Honorable Court’s Order and
Writ of Replevin constitutes Indirect Contempt as defined in the
aforecited provision. No less than the Sheriff’s Report/Return 1
would attest to Respondents’ contumacious behavior and blatant
disregard of the authority and dignity that must be accorded to
this Honorable Court.

24. To this date, Respondents are making a mockery of this Court’s


Order for they continue to refuse to deliver the spare parts and
accessories pertaining to the Fuel Dice. They have also maliciously
removed integral parts of the Fuel Dice, which prevents its proper
operation, all in order to spite Petitioners and make this
Honorable Court’s Order ineffectual.
1
See Annex “H”
PRAYER

WHEREFORE, after due notice and hearing, Petitioner respectfully


prays that Respondents, Tanya Dizon, Laurence Springthorpe, Rey Arceo
and unidentified John Does be found GUILTY of Indirect Contempt of
Court.

It is further prayed of this Honorable Court that an Order be


issued, directing Respondents to deliver the missing spare parts and
accessories as well as the core parts identified in this Petition to the
lawful possession of Petitioners, and that their continued refusal to fully
comply with the Honorable Court’s Writ of Replevin be found to be a
continuing defiance of this Honorable Court’s power and authority.

Other reliefs just and equitable under the premises are likewise
prayed for.

Angeles City, April 25, 2016.

MEDINA LAW OFFICE


Counsel for Petitioner
07 C-1 Berthaphil III Clark Center,
Jose Abad Santos Avenue,
Clark Freeport Zone 2023 Pampanga

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.

I, Thomas Rummer, a German citizen of legal age, with business address at


3304-A West Tektie Tower, PSE Bldg., Ortigas Center, Pasig City, after having been
sworn in accordance with the law, do hereby depose and state as follows:

Verification – I am the authorized representative of Petitioner, Enerdice


Biofuels Corporation in the above entitled case. In behalf of our principal, I caused
the preparation of this Petition; I have read and understood the contents of the
same; and the contents thereof are true and correct to the best of my own personal
knowledge and/or based on authentic documents.

Affidavit of Non-Forum Shopping – I have not commenced any other action


or proceeding involving the same issues (raised in this Petition) in the Supreme
Court, Court of Appeals, or in the different branches thereof, or any other tribunal or
agency, and that to the best of my knowledge, no such action or proceeding is
pending in such courts, tribunals or agencies. If I should learn that a similar action
or proceeding has been filed or is pending before such courts, tribunals or agencies,
I undertake to notify this Honorable Court about the same within five (5) days from
such notice.

AFFIANT SAYETH FURTHER NAUGHT.

THOMAS RUMMER
Affiant

SUBSCRIBED AND SWORN to before me this __ day of April 2016, at Angeles


City, the affiant having exhibited to me his German Passport No. C4JHPVR89 valid
until 04/09/2021.

Doc. No. _____;


Page No. _____;
Book No. _____;
Series of 2016.