Republic of the Philippines REGIONAL TRIAL COURT 7th Judicial Region Branch ___ Mandaue City ALEXA MAE F. APURA and, MICHELL ANN F. APURA Represented by their Biological Mother MIGUELA FLORES-APURA, and MIGUELA FLORES-APURA Plaintiffs, -
vs -
SPEC. PROC NO. ___________ For: INDIRECT CONTEMPT
ADONIS RUIZ APURA Defendant. X------------------------/
PETITION FOR INDIRECT CONTEMPT COME NOW, Petitioner by undersigned counsel and, by way of a Petition for Contempt of Court, unto this Honorable Court, most respectfully aver that: 1. Petitioners are minors, represented herein by their mother, Miguela F. Apura, they are all Filipino citizen, residents of Mandaue City. However, they may be served with summons ad other processes of this Honorable Court at Rm. 301 3/F Aniceta Bldg., Osmeña Blvd., Cebu City; 2. Respondent, ADONIS R. APURA, is of legal age, Filipino Citizen, married, and a resident of Keef Drive, Guadalajara, Guadalupe, Cebu City, where he may be served with summons and other processes of this Court;
3. This Honorable Court has issued an Order dated May 20, 2008 fixing the amount of monthly support that respondent should provide petitioners effective, May 2008 to FIVE THOUSAND PESOS (P5,000.00). A copy of the Order is hereto attached as Annex “A;”
4. As a consequence of the Order, respondent filed a Motion for Reconsideration on June 2, 2008 as shown by hereto attached copy of the said Motion for Reconsideration marked as Annex “B;”
5. To finally resolve the matter of support pendent lite, this Honorable Court issued a summary judgment on June 17, 2008 ordering respondent to give petitioner a monthly support of FIVE THOUSAND PESOS (P5,000.00) starting the month lf June, 2008.
However, despite the order, the respondent defiantly and contumaciously failed and refused to comply with the Order;
6. The open defiance of the respondent to obey the lawful order of the court undoubtedly constituted contempt under Sec. 21 of R.A. 9262 and the Rules of Court.
WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that the respondent be ordered to explain why he should not be punished for contempt of court and that should their explanation be found not to be satisfactory, proper punishment be meted out in the interest of justice. Cebu City, Philippines, July 14, 2008.
LEGAL ALTERNATIVES FOR WOMEN CENTER, INC. Room 301 Aniceta Bldg. Osmeña Blvd. Cebu City Tel. 254-0011 By: JOEL V. OUANO Counsel for the Petitioner PTR No. 361184 / Jan. 3, 2008 IBP No. 418432 Lifetime Member, Cebu City Chapter Roll of Attorneys No. 37554
THE CLERK OF COURT RTC _______ Mandaue City
Sir/Madam Please set the foregoing Motion for hearing on _______, 2008 at ______ o’clock in the morning. JOEL V. OUANO
Copy Furnished ATTY. JINEFFER B. SINGCO Rm. 2, Mezzanine Flr., Aniceta Bldg. Osmeña Blvd., Cebu City
