FORM 0223.

- ORDER PENALIZING DEFENDANT FOR

CONTEMPT

(Caption and Title)

ORDER

On 5 November 1963, this court promulgated the decision

in the above-entitled case, ordering defendant to vacate
plaintiff’s house situated at 1134 Requesens, Manila, and to
return the possession of the same to plaintiff. Defendant
received copy of said decision on 9 November 1963, and, no
appeal having been taken therefrom, the same became final on
10 December 1963. On January 3,1964, plaintiff filed a
petition to declare defendant in contempt of court, alleging
that said defendant refused and failed, and still refuses and
fails, to comply with the aforementioned order of this court.

At the hearing held in connection with the petition for

contempt, defendant appeared and stated, as his defense, that
he could not find another place to move to, and that he has
tried, and is trying, to locate one. It appears, however, from
the evidence presented by plaintiff that said plaintiff had, on
two occasions, informed defendant that there were two houses
available for his occupancy and that he had asked the owners
of said houses to reserve the same for a few days, until he
could notify defendant. It appears, furthermore, that said
houses are in fairly good condition, located in the same
vicinity as plaintiff’s house which defendant is now occupying,
and is being offered for reasonable rentals. Defendant, however,
although he was repeatedly notified by plaintiff, did not even
bother to see the owners or inspect the house which were being
offered. This act and attitude of defendant constitute
disobedience to an order of this court. Defendant is hereby
declared guilty of contempt.

Defendant S.I. is fined TWO HUNDRED PESOS (P200.00)

for contempt of court, with the warning that further
disobedience to the aforementioned order of this court may
warrant a heavier fine, and imprisonment.

(Place, date and signature)