Republic of the Philippines

FOURTH JUDICIAL REGION

Municipal Circuit Trial Court
-ooOoo-

BRGY. CAPTAIN MELCHORA N. REDITO,

Plaintiff,

-versus- CIVIL CASE NO. 291

For: INDIRECT CONTEMPT

ANDRES ROTONI,
Defendant.
x--------------------------------------------------------x

ANSWER

I, ANDRES R. ROTONI, of legal age and with residential address at

Brgy. Lico, Cajidiocan, Zamboanga, where notices and other similar
processes may be served, after having been sworn to in accordance with law,
most respectfully depose and state the following:

TIMELINESS

1. On 06 March 2019, I received a summons from this Honorable Court

dated 05 March 2019, requiring me to file a responsive pleading, within
ten (10) days from receipt hereof as regards the Complaint for indirect
contempt filed by herein Honorable Barangay Captain. Under the
Rules of Court, the last day of filing of the Answer is 16 March 2019.
Since this falls on a Saturday, the last day of filing shall be on the next
working day or on 18 March 2019. Copy of the summons is hereto
attached as “Annex 1”;

ADMISSIONS/DENIALS

2. I ADMIT the allegation in the Complaint that the Barangay Captain of

Barangay Lico, Cajidiocan, Romblon issued a subpoena dated 20
February 2019 requiring me to attend a hearing before his office on 21
February 2019 at 1:00 o’clock in the afternoon;

3. I likewise ADMIT that the said subpoena was served to me on 20

February 2019 at around 5:00 o’clock in the afternoon;
4. I further ADMIT that the barangay conciliation was in connection with
the complaint filed against me by Jaymar Ramila (Mr. Ramila);

5. I hereby vehemently DENY the allegations contained in the Complaint,

such as I intentionally refused to attend and obey the subpoena issued
by the Office of the Lupon of Brgy. Lico, Cajidiocan, Romblon as the
same are not reflected of the truthful facts, bereft of any merit, lack of
factual and legal bases and the truth of the matter being those
specifically alleged hereunder;

6. In truth and in fact, Complainant omitted relevant facts which if

considered by this Honorable Court will cause the immediate dismissal
of this unwarranted complaint as the Complainant only intends to vex,
harass and malign my reputation;

DEFENDANT’S BRIEF STATEMENT OF FACTS

7. I was the former barangay captain of Brgy, Lico, Cajidiocan,

Zamboanga which I served for one (1) term. During the barangay
election, one of my rivals was the husband of the herein Complainant.
However, in the recently conducted election, I was defeated by
Complainant;

8. Sometime in January 2019 at Cajidiocan, Zamboanga, I had an

altercations with Mr. Ramila as he provoked me to have a fist fight with
him. However, a police officer intervened at the middle of our fight and
brought us to their office where we agreed to settle whatever issues we
have against each other;

9. On 20 February 2019 or more than a month had elapsed after said

altercations, the Secretary of Brgy. Lico came to our residence to serve
the subpoena inviting me for a hearing regarding the alleged physical
injuries claimed by Mr. Ramila. The copy of the subpoena is attached
as “Annex 2”;

10. Considering that I had other important matter to attend to on the

day of hearing, I failed to sign the said subpoena as I believed that
herein Complainant would re-schedule the same. An affidavit to prove
that I had an important transaction on 21 February 2019 is attached as
“Annex 3”;

11. Consequently, I waited for the re-set of the barangay conciliation

but no subpoena for the purpose was re-issued by the incumbent Brgy.
Captain;
12. To my surprise, I received the summons issued by your
Honorable Office on 06 March 2019 instead of subpoena from the
barangay;

AFFIRMATIVE DEFENSES

13. I specifically DENY that I intentionally refused to attend and obey

the subpoena issued by the Lupon. As a matter of fact, I am willing to
attend the barangay conciliation to settle the dispute brought by Mr.
Ramila. However, due to time constraint as it was scheduled one (1)
day after its notification, I failed to appear since I had an important
matter to be settled in Silum, Magdiwang, Romblon;

14. Assuming arguendo that I had no prior commitment on 21

February 2019, Complainant arbitrarily set the date of the mediation
as it deprived me to intelligently prepare my defenses since the
altercations between me and Mr. Ramila was took place more than a
month ago after receipt of subpoena. Further, I cannot assure the
appearance of my witnesses due to lack of time to notify them;

15. As can be gleaned from the subpoena, it was served to me on 20

February 2019 or one (1) day prior to the scheduled date of
hearing;

16. The Complainant whimsically and capriciously set the date of

hearing and such is prejudicial to my interest. If he only gave me at
least three (3) days from service of subpoena, I should have cancelled
my prior commitments just to appear before his Office as I wanted to
resolve the claims of Mr. Ramila against me;

17. It appeared that the incumbent barangay captain maliciously

filed this case against me considering that upon my failure to attend
the scheduled hearing, he urgently caused with the filing of the
Complaint dated 22 February 2019;

18. Assuming but not admitting that I refused to attend the hearing,
the Complaint lacks supporting documents in compliance with Section
515 of Republic Act No. 7160, otherwise known as the Local
Government Code of 1991 which says that “such refusal or willful
failure to appear shall be reflected in the records of the lupon
secretary or in the minutes of the pangkat secretary xxxx”;

19. In connection with the aforementioned provision, the

Complainant made no records of the alleged refusal or willful failure
either in the records or in the minutes of the lupon Secretary or the
 pangkat secretary, respectively, to warrant his cause of action against
me;

20. Moreover, the Honorable Brgy. Captain failed to determine the

veracity of the statement of the person who served the notice that I
deliberately refused to attend the hearing. The Complainant just relied
on what is written on the face of the subpoena which says “refused to
sign, February 20, 2019 at 4:55PM”. Such mere refusal to sign should
not be considered as intentional or willful refusal to obey the order of
the Brgy. Captain;

21. At this juncture, the Complainant should have initially

determine whether my failure to attend the said mediation was
deliberate or intentional since it was the first subpoena issued by the
Complainant regarding the complaint of Mr. Ramila;

22. Due to the malicious complaint filed before your Honorable

Court, I constrained to acquire the services of a lawyer in building my
case and defending my position as well as accumulated costs for this.
Thus, I seek the award of attorney’s fee under Article 2208 of the New
Civil Code, to wit:

Art. 2208. In the absence of stipulation, attorney’s fees and

expenses of litigation, other than judicial costs, cannot be
recovered, except:

xxxx

(11) In any other case where the court deems it just and
equitable that attorney’s fees and expenses of litigation
should be recovered

23. As pointed out by the Supreme Court in the case of Pangan vs.
Court of Appeals:

“In an earlier case, we stressed that this Court is not only a

court of law but also court of justice. Faced with a choice
between a decision that will serve justice and another that
will deny it because of a too-strict interpretation of the law,
we must resolve in favour of the former, for the ultimate
end of the law is justice. Bonus judex secundum aequum at
bonum judicat stricto praefert.” (emphasis supplied)

24. I humbly ask this Honorable Court to empathize with my

position considering that I just acted in good faith as required by the
 attending circumstances. I have no intention not to obey the subpoena
issued by the Honorable Barangay Captain.

PRAYER

In light of the foregoing, it is most respectfully prayed to this

Honorable Court that the instant Complaint be DISMISSED with costs
against the plaintiff.

Other relief and remedies as may be deemed just and equitable under
the foregoing circumstances are likewise prayed for.

Respectfully submitted.

Cajidiocan, Zamboanga. 15 March 2019.

ANDRES R. ROTONI
Defendant
Brgy. Lico, Cajidiocan, Zamboanga

By:

ANDRES R. ROTONI
Defendant

SUBSCRIBED AND SWORN TO before me this _______________

here in Zamboanga, Philippines, after the said defendant personally
appeared before me and presented his competent evidence of identity with
number ________________.

WITNESS MY HAND AND SEAL on the date and place above written.

Doc. No.___; NOTARY PUBLIC

Page No.___;
Book No.___;
Series of 2019.
EXPLANATION: Copy of the foregoing ANSWER was served to the
adverse party by personal service. Please see attached AFFIDAVIT OF
SERVICE.

ANDRES R. ROTONI

REPUBLIC OF THE PHILIPPINES)

________________________) S.S

AFFIDAVIT OF SERVICE

I, Andres R. Rotoni, of legal age, Filipino and a resident of Brgy. Lico,

Cajidiocan, Zamboanga, after having been duly sworn to in accordance with
law, depose and state:

1. I am the defendant in the above-captioned case;

2. That, on _____________, I served the copy of the Answer, through
personal service in accordance with the provisions under the Rules of
Court by handing a copy in a sealed envelope, address to the
Complainant as evidence by a receiving copy as herewith attached.
IN WITNESS WHEREOF, I have hereunto set my hands this
_____________, Romblon, Philippines.

ANDRES R. ROTONI

SUBSCRIBED AND SWORN TO before me this

_______________ here in Zamboanga, Philippines, after the said
affiant personally appeared before me and presented his competent
evidence of identity with number ________________.

WITNESS MY HAND AND SEAL on the date and place above written.

Doc. No.___; NOTARY PUBLIC

Page No.___;
Book No.___;
Series of 2019.
Copy furnished:

Hon. Melchora N. Redito

Complainant
Brgy. Lico, Cajidiocan, Romblon