REPUBLIC OF THE PHILIPPINES

THIRD JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 71
IBA, ZAMBALES

SPOUSES JESSE ABIVA and

ANITA ABIVA
Plaintiffs, CIVIL CASE NO. RTC-3840-1

-versus-

HEIRS OF FLORENCIO ABIVA,

JO-VILLE F. AMOS and JULIE
F. AMOS, and REGISTRY OF
DEEDS FOR IBA, ZAMBALES.
Defendants.
X- - - - - - - - - - - - - - - - - - - - - - - -X

URGENT MOTION TO CITE THE DEFENDANTS AND

THEIR COHORTS INTO INDIRECT CONTEMPT AND
ISSUANCE OF WRIT OF DEMOLITION

COME NOW, Plaintiffs through the undersigned counsel and unto this
Honorable Court respectfully manifests that:

1. This Honorable Court issued a Status Quo Ante Order directing both parties
to hold in abeyance disposition of lands which are the subject matter of this
case. The same Order likewise enjoin the parties from constructing any
structure whatsoever;

2. In lieu of a Temporary Restraining Order, this Honorable Court, since both

parties agreed to abide with the abovementioned arrangement, instead issued
a Status Quo Ante Order which will bind the parties until the trial ends;

3. Counsels for both parties explained the legal consequences in case of non-
compliance therewith which shall include the citation of the violating party
into direct contempt;

4. On August 21, 2018, the Plaintiffs learned that Defendants in violation of the
Status Quo Ante Order of this Honorable Court, facilitated the construction of
concrete wall surrounding the property in question through ELIZABETH ITO,
the alleged buyer and her brother ROGER DELA CRUZ who are residing at
Sitio Laoag, Barangay Maloma, San Felipe, Zambales. Pictures of the Concrete
Wall is hereto attached as ANNEX “A”;

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5. It is worthy to note that the Status Quo Ante Order preclude parties from
disposing of the lands in question yet despite the existence of Status Quo Ante
Order, defendants were able to dispose the same, a clear and patent violation
of the Order of this Honorable Court;

6. Jurisprudence dictates that what cannot be done directly cannot likewise be

done indirectly. While it is true that it is not the defendant themselves who
physically constructed the concrete wall, the concrete wall was actually done
with their imprimatur through a sale which is likewise a violation of THE
Order of this Honorable Court;

7. The sale was made possible through Cabangan SB Member Larry Alip whose
acts are unethical and prejudicial to government service. The Constitution
provides that a public office is a public trust and a public officer must not
engage himself into businesses and activities which are in conflict of interest
with the government;

8. Truly, the thing would really speak for itself. The construction of the concrete
wall is undeniable and may directly be proved through ocular inspection;

9. All told, Section 3 (b) of 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:

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

or judgment of a court, including the act of a person who, after
being dispossessed or ejected from any real property by the
judgment or process of any court of competent jurisdiction, enters
or attempts or induces another to enter into or upon such real
property, for the purpose of executing acts of ownership or
possession, or in any manner disturbs the possession given to the
person adjudged to be entitled thereto;

10. In view of the foregoing acts of the defendants and their cohorts, we submit
that they are in violation of Section 3 (b) of Rules 71 and must be cited into
indirect contempt.

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 PRAYER

WHEREFORE, it is respectfully prayed before this Honorable Court that order

be made citing the Defendants as well as ELIZABETH DELA CRUZ-ITO, ROGER
DELA CRUZ and LARRY ALIP into indirect contempt and an order be issued
ordering them to remove the concrete wall at their expense and in case they refuse, a
WRIT OF DEMOLITION be issued.

Other remedies that are just and equitable are likewise prayed for.

ATTY. MICHAEL JOSEPH B. LARUTA

PTR No. Z 7020955 01/04/18 Subic, Zambales
IBP No. 020431 01/05/2018
MCLE: June 2, 2017 (date of admission to the Phil. Bar)
Roll No. 70366
Zone 5, Capitol Building, Iba, Zambales
joseph021288@gmail.com
09072349944/0995610671

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 VERIFICATION
We, Spouses JESSE AND ANITA ABIVA, married, of legal age, Filipino and a
resident of Barangay Manglicmot, San Felipe, Zambales under oath state that, we
are the Plaintiffs in above-entitled case, have caused the preparation of the foregoing
Motion; and We have read the contents thereof and that the same are all true and
correct to the best of our knowledge and based on authentic records.

IN WITNESS WHEREOF, we have hereunto affixed our signatures this 24th

day of August 2018 at Iba, Zambales.

JESSE ABIVA ANITA ABIVA

Affiant Affiant

SUBCRIBED AND SWORN TO before me this 24th day of August 2018 in Iba,
Zambales, affiants exhibiting to me their Valid IDs as competent proofs of their
identities.

ATTY. MICHAEL JOSEPH BASA LARUTA

Doc. No. ; NOTARY PUBLIC
Page No. ; Until December 31, 2018
Book No. I ; Roll No. 70366
Series of 2018. IBP No. 020431/01-05018
PTR NO. Z-7020955/01-04-18
Iba, Zambales

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 NOTICE OF HEARING

THE CLERK OF COURT

REGIONAL TRIAL COURT
BRANCH 71
Balili, Iba, Zambales

Greetings: Please take notice that the foregoing Motion shall be submitted for the
consideration and approval of the Honorable Court on August 28, 2018, Tuesday at
10:00AM or as soon as counsel and matter may be heard.

MICHAEL JOSEPH B. LARUTA

Copy Furnished:

ATTY. SATURNINO V. BACTAD

Counsel for Defendants Jo-Ville F. Amos and Julie F. Amos
2nd Floor, Bactad Commercial Bldg.
National Highway, Barangay Rizal, San Antonio, Zambales

ATTY EDMUND DANTE PEREZ

Counsel for Defendants Abiva
ChinaBank Building, Botolan, Zambales