Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Tagum City, Davao del Norte

EDWIN IGNACIO JUBAHIB,

Petitioner,
SPEC. CIVIL ACTION. NO. __________
-versus- FOR: INDIRECT CONTEMPT

PATERNO LUCERO PACQUIAO,

Respondent.
x-------------------------------------------x

AMENDED PETITION FOR INDIRECT CONTEMPT

COMES NOW, Petitioner, EDWIN I. JUBAHIB, thru the undersigned counsel, to the
Honorable Court most respectfully avers that:

I. PARTIES

1. Petitioner, EDWIN I. JUBAHIB (hereinafter referred to as Gov. Jubahib), is of legal

age, Filipino, married, and a resident of Barangay Magdum, Tagum City, Davao del
Norte, Philippines;

2. Petitioner is the incumbent Provincial Governor of Davao del Norte with office
address at Provincial Capitol Building, Mankilam, Tagum City, Davao del Norte
where he may be served with summons and other processes of this Honorable
Court;

3. Respondent, PATERNO LUCERO PACQUIAO (hereinafter referred to as Mr.

Pacquiao), is of legal age, Filipino, married, and a resident of Tagum City with office
address at 99.9 RPFM, 3rd Floor, Casaway Building, Abad Santos St., Tagum City;

II. STATEMENT OF FACTS

4. On September 9, 2020, at 10:00 in the morning, Gov. Jubahib had a scheduled

mediation conference for Crim. Case No. 32106-20, entitled People of the
Philippines vs. Paterno Lucero Pacquiao for Grave Oral Defamation, wherein Gov.
Jubahib is the private complainant, at the Philippine Mediation Center Tagum City
Unit, Hall of Justice Building, Capitol Compound, Brgy. Mankilam, Tagum City,
Davao del Norte. Gov. Jubahib and Mr. Pacquiao both personally attended the
mediation conference;

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 The Certificate of Mediation Appearance issued by the Philippine Mediation Center
Tagum Unit is attached and marked as Annex “A” to form an integral part hereof;

5. During the mediation, Gov. Jubahib noticed the endpoint of a knife protruding outside
of the right pocket of Mr. Pacquiao while still inside the mediation room. Thus, when
the said mediation was concluded, he went out of the mediation room and called his
security escorts named Sgt. Rodelyn Bitang, PA (hereinafter referred to as Sgt.
Bitang) and P/MSgt. Larry Lascuña (hereinafter referred to as P/MSgt. Lascuña) to
check if Mr. Pacquiao had a knife on his person.
The Judicial Affidavit and Affidavit-Complaint of EDWIN I. JUBAHIB is attached and
marked as Annexes “B” and “B-1”, respectively, to form an integral part hereof;

6. When Sgt. Bitang asked Mr. Pacquiao if he had a knife, the latter pulled out from his
right-side pocket an automatic switchblade which was still folded and gray in color.
When Mr. Pacquiao pulled out his knife from his right pocket, Sgt. Bitang
immediately took the knife from the hand of the latter, while Sgt. Lascuña secured
the person of Gov. Jubahib seeing that such deadly weapon was in close proximity.

The Judicial Affidavit and Affidavit of Witness Sgt. Rogelyn Bitang is attached and
marked as Annexes “C” and “C-1”, respectively to form an integral part hereof. The
Judicial Affidavit and Affidavit of Witness of P/MSgt. Larry Lascuña is attached and
marked as Annexes “D” and “D-1”, respectively, to form an integral part hereof;

7. Sgt. Bitang then called the guard on duty at the entrance of the Hall of Justice to put
the incident in the logbook of the guard and to whom Sgt. Bitang endorsed the knife
of Mr. Pacquiao for proper recording purposes;

The Certified Electronic Copy of the Spot Report made by Head Guard Felipe M.
Teodoro regarding the complained of incident, is attached and marked as Annex “E”
to form an integral part hereof;

8. Upon examination of the knife in the presence of said witness and the guard-on-duty,
it was confirmed that the knife carried by Mr. Pacquiao was a “switchblade” which is
a kind of folding knife with an automatic button to release the bladed part. With the
use of a ruler, the whole length of the switchblade was measured to be 7.5 inches or
19.5 centimeters long;

9. After a few minutes, the personnel of Tagum City Police Station arrived to arrest Mr.
Pacquiao for Illegal Possession of Bladed Weapon under Batas Pambansa Blg. 6.
The switchblade was turned over to Patrolman Xyrus De Guzman for he was the
responding officer;

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 III. CAUSE OF ACTION

10. Office of Court Administrator issued OCA Circular No. 08-2013, dated January 24,
2013, entitled “Reiterating Security Protocol for the First and Second Level Courts” ,
provides for, among others, the following rules:

In the wake of the recent shooting incident that occurred in the Palace of Justice,
Cebu City, Memorandum Order No. 42-2007 providing for an interims security protocol
for the first and second level courts is hereby REITERATED. The pertinent provisions of
Memorandum Order No. 42-2007 are as follows:
1) xxx...xxx
xxx...xxx
11) All persons who wish to enter the courtroom shall be subjected to
body frisking by the court's sheriff, process server, or other court
personnel, before entry. A female guest shall be frisked only by a female
court employee. In addition, all bags and other things brought inside the
room shall be thoroughly inspected.
12) All firearms and objects which may be used as weapons, except,
those belonging to law enforcement officers who are on official business
shall be deposited with the guard-on-duty of the HOJs, or with the
sheriff or in the latter's absence, the Branch Clerk of Court, for courts not
found in the HOJs.
13) Any illegal weapon or article, under the Revised Penal Code or
existing laws, shall be confiscated and surrendered to the police officers
assigned to patrol the hallways. In their absence, these things shall be
surrendered to the nearest police station;
xxx...xxx
(Emphasis Ours.)

11. A weapon is defined as an instrument of offensive or defensive combat, or anything

used, or designed to be used, in destroying, defeating or injuring an enemy. [Black’s
Law Dictionary 1764 (4th Ed. 1968)];

12. The switchblade possessed by Mr. Pacquiao, measuring 7.5 inches or 19.5
centimeters long and capable of causing fatal bodily harm, within the premises of the
hallowed Hall of Justice Building squarely falls within the concept of a weapon, one
that can be used in destroying, defeating or injuring an enemy;

13. Even the mere act of carrying a deadly weapon outside of one’s residence is
prohibited under Presidential Decree No. 3, as amended by Batas Pambansa Blg. 6,
quoted to wit:

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 “3. It is unlawful to carry outside of one's residence any bladed, pointed or blunt
weapon such as "knife", "spear", "pana", "dagger", "bolo", "barong", "kris", or "chako",
except where such articles are being used as necessary tools or implements to earn a
livelihood or in pursuit of a lawful activity. Any person found guilty thereof shall suffer
the penalty of imprisonment of not less than one month nor more than one year or a
fine of not less than Two Hundred Pesos nor more than Two Thousand Pesos, or both
such imprisonment and fine as the Court may direct."

14. Section 3 of Rule 71 of the Rules of Court provides that:

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:
-xxxxx-

(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;

(c) xxx...xxx

(d) Any improper conduct tending, directly or indirectly, to impede, obstruct, or

degrade the administration of justice;

-xxxxx-

(Emphasis Ours.)

15. Court-Annexed Mediation (CAM) in the Philippines is a part of pre-trial (A.C. No. 20-
2002, April 24, 2002) before our first and second-level trial courts. 1 The same is a
mandatory proceeding before our courts, disruption of which must be sanctioned
accordingly.

16. Under the Consolidated and Revised Guidelines to Implement the Expanded
Coverage of Court-Annexed Mediation (CAM) and Judicial Dispute Resolution (JDR)
issued by the Philippine Mediation Center (PMC) on January 11, 2011, provides for
sanctions against any abusive behavior committed during mediation proceedings, to
quote:

Sanctions

The court, upon recommendation of the Mediator, may impose sanctions upon a
party who fails to appear before the Philippine Mediation Center (PMC) Unit as
directed by the referring judge, or upon any person who engages in abusive
1
Court-Annexed Mediation in the First and Second Level Trial Courts by Deputy Court Administrator Bernardo T.
Ponferrada, PhilJA, September 29, 2005.

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 conduct during mediation proceedings, as provided for in the Rules of Court as
part of the Pre-Trial and other issuances of the Supreme Court, including, but not
limited to censure, reprimand, contempt, requiring the absent party to
reimburse the appearing party his costs, including attorney’s fees for that day up
to treble such costs, payable on or before the date of the re-scheduled setting.
Sanctions may also be imposed by the referring judge upon his own initiative or
upon motion of the interested party.

(Emphasis Ours.)

17. The blatant act of Mr. Pacquiao in bringing a dangerous weapon within the premises
of the Hall of Justice of Tagum City is a clear violation of OCA Circular No. 08-2013,
and the basic rules of mediation, among others, Further, the same constitutes a
criminal offense under Presidential Decree No. 3, as amended by Batas Pambansa
Blg. 6, thus the same should be considered as a grave disobedience to a lawful
order of this court, thus constituting the offense of indirect contempt, punishable
under Rule 71 of the Rules of Court.

IV. WITNESSES

1. EDWIN I. JUBAHIB – his testimony consists of the following: (1) He had a scheduled
mediation conference for Criminal Case entitled People of the Philippines vs.
Paterno Lucero Pacquiao for Grave Oral Defamation, wherein he is the private
complainant, at the Philippine Mediation Center Tagum City Unit, Hall of Justice
Building, Capitol Compound, Brgy. Mankilam, Tagum City, Davao del Norte; (2) He
and Mr. Pacquiao both personally attended the mediation conference; (3) During the
mediation, Gov. Jubahib noticed the endpoint of a knife protruding outside of the
right pocket of Mr. Pacquiao while still inside the mediation room; (4) When the said
mediation was concluded, he went out of the mediation room and called his security
escorts named Sgt. Rodelyn Bitang and P/MSgt. Larry Lascuña to check if Mr.
Pacquiao had a knife on his person; and (5) He saw Mr. Pacquiao pulled out from his
right-side pocket an automatic switchblade which was still folded and gray in color.

2. Rodelyn Bitang – his testimony consists of the following: (1) He accompanied Gov.
Jubahib because he had a scheduled mediation conference at 10:00 in the morning
at the mediation room of Philippine Mediation Center Tagum Unit inside the Hall of
Justice Building; (2) On or about 10:20 in the morning, Gov. Jubahib as well as Mr.
Pacquiao went out of the mediation room.; (3) Gov. Jubahib was instructing him and
another bodyguard, named Larry, to check if Mr. Pacquiao had a knife on his person;
(4) He approached and asked Mr. Pacquiao if he had a knife and the latter pulled out
from his right-side pocket an automatic switchblade which was still folded and gray in
color; and (5) He immediately took the knife from the hand of Mr. Pacquiao, laid it on
the bench beside him and inspected it, thus knowing it is a switchblade which has an
approximate length of 7.5 inches.

3. Larry Lascuña – his testimony consists of the following: (1) He accompanied Gov.
Jubahib because he had a scheduled mediation conference at 10:00 in the morning
at the mediation room of Philippine Mediation Center Tagum Unit inside the Hall of

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 Justice Building; (2) On or about 10:20 in the morning, Gov. Jubahib as well as Mr.
Pacquiao went out of the mediation room.; (3) Gov. Jubahib was instructing him and
another bodyguard, named Rodelyn, to check if Mr. Pacquiao had a knife on his
person; and (4) He saw Mr. Pacquiao pulled out from his right-side pocket an
automatic switchblade which was still folded and gray in color.

V. DOCUMENTARY AND OBJECT EVIDENCE

1. Certificate of Mediation Appearance issued by the Philippine Mediation Center

Tagum Unit
2. Affidavit-Complaint of Edwin I. Jubahib
3. Judicial Affidavit of Edwin I. Jubahib
4. Affidavit of Witness Rogelyn Bitang
5. Judicial Affidavit of Rogelyn Bitang
6. Affidavit of Witness Larry Lascuña
7. Judicial Affidavit of Larry Lascuña
8. Spot Report made by Head Guard Felipe M. Teodoro
9. 7.5-inches Switchblade owned by Respondent (in the custody of the PNP Tagum
Police Station)

VI. PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable Court that PATERNO

LUCERO PACQUIAO be adjudged guilty of Indirect Contempt under Rule 71 of the Rules of
Court and be punished accordingly by law.

Such other reliefs and remedies are likewise prayed for.

RESPECTFULLY submitted this 14th day of October, 2020 in Tagum City, Davao del
Norte, Philippines.

ATTY. LOURDES ANGELIE O. EDIG

Roll No. 67786
PTR No. 2711203; Tagum City; 01/03/2020
IBP Lifetime Member Roll No. 017284
MCLE Compliance No. VI-0013952, valid until April 14, 2022
2/F, SKL Bldg. Osmeña St., Tagum City
[email protected]

Copy Furnished:
PATERNO LUCERO PACQUIAO
99.9 RP FM, 3rd Floor, Casaway Building,

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Abad Santos St., Tagum City, Davao del Norte