REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH _____, PASAY CITY

MRS. LOLITA GAMIDO, duly

represented by her
Attorney-in-Fact, NELLIE
GAMIDO,
Petitioner,

- versus - SPEC. PROC. NO.

__________
For: Indirect Contempt

TERESITA GAMIDO-CHAN,
Respondent.
x-----------------------
-x

PETITION FOR INDIRECT CONTEMPT

PETITIONER MRS. LOLITA GAMIDO, duly represented by

her Attorney-in-Fact, NELLIE GAMIDO, thru the undersigned
counsel, to the Honorable Court, most respectfully avers:

1. Petitioner Lolita Gamido, is of legal age, Filipino,

and is presently residing at 214-216 Dancel Street, Pasay
City, where she may be served with processes and pleadings
of the Honorable Court. She is herein represented by her
duly authorized representative and Attorney-in-Fact, Nellie
Gamido, as evidenced by the attached Special Power of
Attorney duly notarized on _______________.

2. Respondent Teresita Gamido-Chan is likewise of

legal age, Filipino, married, and with last known address at
_____________________________, where she may be served with
processes and pleadings of the Honorable Court.
PETITION FOR INDIRECT CONTEMPT
Special Proc. No. _________________
RTC Branch ______, Pasay City
x - - - - - - - - - - - - - - - - - -- - - - - - x

3. On 24 November 2008, the Regional Trial Court,

Branch 117, issued an Order in Civil Case No. 04-0614 CFM,
entitled, “Mrs. Lolita Gamido v. Teresita Gamido-Chan”,
directing the issuance of a writ of execution against
defendant Teresita Gamido-Chan, the latter being ordered to
immediately vacate the property located 214-216 Dancel
Street, Pasay City.

A copies of the said Order is hereto attached as ANNEX

“A”.
4. The said Writ of Execution was successfully
implemented sometime in December 2008 and therein
defendant Gamido-Chan vacated the subject property.

5. Unfortunately, eight (8) years later or on 20

October 2016, without permission and authority from the
owners and occupants of the subject property, respondent
Teresita Gamido-Chan, once again disturbed the peaceful
possession of the property by going inside its premises and
bringing in her personal belongings, such as bed frame, steel
filing cabinet, wooden shelves/cabinets, etc., in clear
violation of the RTC Br. 117’s Order dated 24 November 2008.

Copies of pictures of respondent’s belongings illegally

placed in the premises of the subject property is hereto
attached as ANNEX “B et seq”.

6. Respondent Gamido-Chan kept going back and

forth to the subject property on the following dates: 21
October 2016, 26 October 2016, 27 October 2016, and 7
November 2016 to arrange her belongings, and even up to
the present.

7. Due to the illegal acts of respondent Gamido-Chan,

the occupants of the property are once again being
inconvenienced and suffering serious anxiety, mental
anguish and stress. The residents of the compound are being
PETITION FOR INDIRECT CONTEMPT
Special Proc. No. _________________
RTC Branch ______, Pasay City
x - - - - - - - - - - - - - - - - - -- - - - - - x

bothered by the acts of respondent Gamido-Chan as the

parking area could not be utilized to its full extent and
washed clothes could not be left to hang dry in the
clothesline outside.

8. Withal, petitioner asks of the Honorable Court to

cite respondent Gamido-Chan in contempt for her obvious
wanton disregard and disrespect to the lawful order dated 24
November 2008. Likewise, petitioner asks of the Honorable
Court to allow the removal of the belongings of respondent
from the premises of the property.

9. Incidentally, respondent Gamido-Chan is now

presently facing a criminal complaints for Unjust Vexation
and Other Forms of Tresspass, docketed as Criminal Case
Nos. M-PSY-18-33061 and 33062, respectively, both pending
before the Metropolitan Trial Court, Branch 45, Pasay City.

Copies of the Resolution dated ________ and Informations

dated ________ are hereto attached as ANNEXES “C” and “D
and D-1”.
PRAYER

WHEREFORE, the foregoing considered, it is

respectfully prayed of the Honorable Court :

1. TO CITE respondent Teresita Gamido-Chan for

indirect contempt;

2. TO ALLOW the removal of the belongings of

respondent Teresita Gamido-Chan from the premises of the
subject property located at 214-216 Dancel Street, Pasay
City.

Other relief just and equitable are likewise prayed for.

16 May 2018, Quezon City for Pasay City.

PETITION FOR INDIRECT CONTEMPT
Special Proc. No. _________________
RTC Branch ______, Pasay City
x - - - - - - - - - - - - - - - - - -- - - - - - x

MARTINEZ & ASSOCIATES

LAW OFFICE
Counsel for Petitioner Lolita Gamido
Suite 507 FMSG Building
No. 9 Balete Drive corner 3rd Street
New Manila, Quezon City
Email add: martinez.associates@yahoo.com.ph
Telefax No. (02) 4140906

By:

RODOLFO P. MARTINEZ
PTR No. ___________/___________/Manila
IBP No. ______________/______________/Manila
Roll of Attorneys No. 52272
MCLE Compliance No. V 0022965-07/12 July 2016

VERIFICATION AND
CERTIFICATION OF NON-FORUM SHOPPING

WE, LOLITA GAMIDO and NELLIE GAMIDO, of legal age, single, Filipino
citizens, with postal address 214-216 Dancel Street, Pasay City, after having
been sworn in accordance with law, hereby depose and say:

1. That we are petitioners in the instant petition; and we caused the

preparation of the foregoing Petition, and the allegations therein are true and
correct to the best of our knowledge and based on authentic documents;
PETITION FOR INDIRECT CONTEMPT
Special Proc. No. _________________
RTC Branch ______, Pasay City
x - - - - - - - - - - - - - - - - - -- - - - - - x

2. That we have not commenced any action or proceeding involving

the same issues in the Supreme Court, Court of Appeals, or any other tribunal
or agency;

3. That to the best of our knowledge, no such action or proceeding

(civil) is pending in the Supreme Court, Court of Appeals or any other tribunal
or agency;

4. That if we should thereafter learn that a similar action or

proceeding has been filed or pending before the Supreme Court, Court of
Appeals, or any agency or tribunal, we undertake to report that fact to the
Honorable Court within five (5) days therefrom.

LOLITA GAMIDO NELLIE GAMIDO

Affiant Affiant
OSCA ID No. ___________________ OSCA ID No.
_________________

SUBSCRIBED AND SWORN to before me this ____ day of

__________________, 2018 at ______________, affiant personally appeared and
exhibited their competent evidence of identity.

Doc. No.: _____

Page No: _____
Book No: ______
Series of 2018