G.R. No. 178366. July 28, 2008
MAIN TOPIC – Rule 39.
FACTS
The Philippine Gamefowl Commission (PGC), declare and recognize D. Mocorro to be the rightful cockpit operator in the Municipality of Caibiran, Leyte. In 1992, Mocorro applied for the renewal of the registration of his cockpit however, for some reason, Mayor Ramirez refused to issue him a business permit. There is also showing that respondent issued a special permit holding of cockfight in Caibiran in favor of Rosario and Azur. In 1992, petitioner filed with the RTC – Biliran a suit for injunction against the respondent. The RTC issued a writ of preliminary injunction enjoining respondent from holding any cockfight within Caibiran until further orders of the court. Despite the injunction, cockfights continued to be staged which prompted the petitioner to file a motion to cite respondent in contempt of court. The RTC held that the defendants are guilty of indirect contempt for contumacious disobedience of and resistance to writ of preliminary injunction issued by this court and was ordered to pay actual damages of P38,000.00 plus 2,000 every Sunday of each week form the date the defendants started to cause the holding of the cockfight. On June 22, 2001, the CA’s May 31, 2001 Decision became final and executory as evidenced by the corresponding Entry of Judgment. In 2002, the sheriff issued a Notice of Sale on Execution of Real Properties and set a date for public auction.