Republic of the Philippines

____________ Judicial Region

________________ TRIAL COURT

Branch _____, _____________, _____________

MOTION TO CITE WITNESS FOR CONTEMPT

PLAINTIFF, by counsel and to this Honorable Court respectfully alleges:

1. Plaintiff is of legal age and with residence at 335 Malvar Street, Puerto Princesa while respondent is also of legal age and wit residence at 433 Rizal Avenue, Puerto Princesa City where he may be serve with summons and other legal processes.

2. Plaintiff is the Plaintiff I the above–captioned case.

3. On November 3, 20103, upon plaintiff’s application, the curt issued a subpoena for respondent to appear and testify on December 3, 2013 before the Honorable Court, and said subpoena was served on him on November 15, 2013 by the sheriff, per letter’s return. Certified true copies of the subpoena and the sheriff’s return are attached hereto as Annexes “A” and “B”, respectively.

4. Respondent did not honor the subpoena, as he did not appear on the date, time and place indicated in said subpoena, thereby delaying plaintiff’s presentation of his evidence, as respondent would have been plaintiff’s last witness.

WHEREFORE, plaintiff prays that after respondent shall have been given the opportunity to be heard, judgment be rendered punishing him for indirect contempt of court for willful defiance and disregard of the subpoena served on him on November 15, 2013.

Puerto Princesa City, December 12, 2013.

ATTY. ______________________________

Counsel for the Plaintiff

Brgy. San Pedro, Puerto Princesa City

Roll No. __________

IBP No. __________- __________,

PTR No. __________, issued on __________, 20____,

MCLE Compliance Cert. No. __________

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, _________________________________, of legal age and with residence at _________________________________, after having been duly sworn, depose and say:

1. That I am the plaintiff in the above entitled complaint.

2. That I have caused the preparation by my counsel of said complaint.

3. That I have read the allegations therein contained, and that the same are true and correct of my personal knowledge or based on authentic records.

4. That I have not theretofore commenced any action or filed any claim involving the same issues in any 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 to the court wherein the aforesaid complaint or initiatory pleading has been filed.

Witness my hand this 23^rd day of October 2013 at Puerto Princesa City, Palawan.

_________________________________

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Puerto Princesa and the Province of Palawan this 24^th day of October 2013. Affiant personally came and appeared with Driver’s License ID No. issued by the Land Transportation Office and valid until May 1, 2015, at Puerto Princesa City, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument

_________________________________

Notary Public

Doc. No. ______;

Page No. ______;

Book No. ______;

Series of 20__;

Copy furnished:

____________________________

Counsel for plaintiff

_________________, __________