Comisión WiN

Two (2) kinds of Contempt (manner of commission)

1) Direct contempt which may be punished summarily under Section 1of Rule 71. (Section 1. Direct contempt punished summarily. A person guilty of

misbehavior in the presence of or so near a court as to obstruct or interrupt the proceedings before the same, including disrespect toward the court, offensive personalities toward others, or refusal to be sworn or to answer as a witness, or to subscribe an affidavit or deposition when lawfully required to do so, may be summarily adjudged in contempt by such court. .)

2) Indirect contempt which may be punished only after written charge and due hearing under Section 3 of Rule 71. (Section 3. Indirect contempt to be punished

after charge and hearing. 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)

Two (2) Aspects of Contempt (nature)

1) Civil Contempt is the failure to do something ordered to be done by a court or a judge for the benefit of the opposing party therein. (People v. Godoy/ Judge Eustaquio Z. Gacott, Jr. vs. Mauricio Reynoso, Jr. and Eva P. Ponce De Leon G.R. Nos. 115908 09, March 29, 1995, 243 SCRA 64) It is an offense against the party

in whose behalf the violated order is made. Intent in committing the contempt is immaterial. It is instituted by an aggrieved party, or his successor, or someone who has a pecuniary interest in the right to be protected. (People v. Godoy/

Judge Eustaquio Z. Gacott, Jr. vs. Mauricio Reynoso, Jr. and Eva P. Ponce De Leon, G.R. Nos. 115908 09, March 29, 1995, 243 SCRA 64)

2) Criminal Contempt is conduct directed against the authority and dignity of a court or of a judge, as in unlawfully assailing or discrediting the authority and dignity of a court or a judge or in doing a forbidden act. (People v. Godoy/ Judge Eustaquio Z. Gacott, Jr. vs. Mauricio Reynoso, Jr. and Eva P. Ponce De Leon, G.R. Nos. 115908 09, March 29, 1995, 243 SCRA 64) It is an offense against organized

society and is held to be an offense against public justice. Intent is a necessary element in criminal contempt. It is generally the State who is the real prosecutor. (People v. Godoy/ Judge Eustaquio Z. Gacott, Jr. vs. Mauricio Reynoso, Jr. and Eva

P. Ponce De Leon, G.R. Nos. 115908 09, March 29, 1995, 243 SCRA 64)

Note: A criminal contempt proceeding is in the nature of a criminal or quasi criminal actions and, therefore, punitive in nature. A civil contempt proceeding is remedial and civil in nature.

b. Purpose and nature of each See above

Is a charge and hearing required before a person may be punished for direct contempt?

No. A person may be summarily adjudged in contempt and punished by the court. (Rule 71, Sec. 1)

c. Remedy against direct contempt; penalty

Rule 71, Sec. 1. Contempt punished summarily. A person guilty of misbehavior in the presence

of or so near a court as to obstruct or interrupt the proceedings before the same, including disrespect toward the court, offensive personalities toward others, or refusal to be sworn or to answer as a witness, or to subscribe an affidavit or deposition when lawfully required to do so, may be summarily adjudged in contempt by such court and punished by a

(a) FINE not exceeding two thousand pesos (P2,000.00) or IMPRISONMENT not exceeding ten (10) days, or both, if it be a Regional Trial Court or a court of equivalent or higher rank, or by

(b) FINE not exceeding two hundred pesos (P200.00) or IMPRISONMENT not exceeding one (1) day, or both, if it be a lower court.

He may not appeal from the judgment. The remedy is CERTIORARI OR PROHIBITION under Rule 65 on the ground of grave abuse of discretion or lack of jurisdiction on the part of the judge. Execution of the judgment shall be suspended if he files a BOND fixed by the court conditioned that he will ABIDE BY AND PERFORM the judgment should the petition be decided against him (Rule 71, Sec. 2)

d. Remedy against indirect contempt; penalty Rule 71, Sec. 7. Punishment for indirect contempt.

(a) If the respondent is adjudged guilty of indirect contempt committed against a Regional Trial Court or a court of equivalent or higher rank, he may be punished by a FINE not exceeding thirty thousand pesos (P30,000.00) or IMPRISONMENT not exceeding six (6) months, or both.

(b) If he is adjudged guilty of contempt committed against a lower court, he may be punished by a FINE not exceeding five thousand pesos (P5,000.00) or IMPRISONMENT not exceeding one (1) month, or both.

(c) If the contempt consists in the violation of a writ of injunction, temporary restraining order or status quo order, he may also be ordered to make complete restitution to the party injured by such violation of the property involved or such amount as may be alleged and proved.

Rule 71, Sec. 11. Review of judgment or final order; bond for stay. The judgment or final order

of a court in a case of indirect contempt may be APPEALED to the proper court as in criminal cases.

But execution of the judgment or final order shall not be suspended until a BOND is filed by the person adjudged in contempt, in an amount fixed by the court from which the appeal is taken, conditioned that if the appeal be decided against him he will ABIDE BY AND PERFORM the judgment or final order.

e. How contempt proceedings are commenced Rule 71, Sec. 4. How proceedings commenced.

Proceedings for indirect contempt may be initiated motu proprio by the court against which the contempt was committed by an order or any other formal charge requiring the respondent to show cause why he should not be punished for contempt.

In all other cases, charges for indirect contempt shall be commenced by a verified petition with supporting particulars and certified true copies of documents or papers involved therein, and upon full compliance with the requirements for filing initiatory pleadings for civil actions in the court concerned.

If the contempt charges arose out of or are related to a principal action pending in the court, the petition for contempt shall allege that fact but said petition shall be docketed, heard and decided separately, unless the court in its discretion orders the consolidation of the contempt charge and the principal action for joint hearing and decision.

What are the two ways to initiate indirect contempt?

1. SHOW CAUSE ORDER. Court issues order motu proprio or makes formal charge requiring the respondent to show cause why he should not be punished for contempt. The contempt contemplated is usually in the nature of a criminal contempt.

2. VERIFIED PETITION. Party litigant or any aggrieved party files a verified petition for that purpose, which should comply with the requirements for filing initiatory pleadings in civil actions.

Before one may be convicted of indirect contempt, there must be compliance with the following requisites: (a) a charge in writing to be filed; (b) an opportunity for respondent to comment thereon within such period as may be fixed by the court; and (c) an opportunity to be heard by himself or by counsel. (Tokio Marine Malayan Insurance Company Inc. vs. Valdez,

G.R. No. 150107, January 28, 2008).

f. Acts deemed punishable as indirect contempt Grounds for Indirect Contempt:

1. Misbehavior of an officer of a court in the performance of his official duties or in his official transactions.

2. Disobedience or resistance to a lawful writ, process, order or judgment of a court, or any unauthorized intrusion to any real property after being ejected; 3. Any abuse or any unlawful interference with the proceeding of a court not constituting indirect contempt;

4. Any improper conduct tending, directly or indirectly to impede, obstruct, or degrade the administration of justice;

5. Assuming to be an attorney or an officer of the court without authority; 6. Failure to obey a subpoena duly served;

7. The rescue, or attempted rescue, of a person or property in the custody of an officer. (Rule 71, Section 3.)

Grounds for Direct Contempt:

1. Disrespect toward the court;

2. Offensive personalities toward others

3. Refusal to be sworn or to answer as witness or to subscribe an affidavit or deposition

4. Misbehavior in the presence of or so near a court as to obstruct or interrupt the proceedings. (Rule 71, Section 1)

Where should the charge for indirect contempt be filed?

1. If committed against a RTC or a court of equivalent or higher rank, or against an officer appointed by it, the charge may be filed with the RTC.

2. If committed against the MTC, the charge may be filed with the RTC of the place in which the MTC is sitting; but the proceedings may also be instituted in such MTC subject to appeal to the RTC of such place in the same manner as provided in Rule 71, Sec. 11. (Rule 71, Sec. 5)

3. If committed against a person or body exercising quasi judicial powers, the RTC of the

place wherein the contempt has been committed shall have jurisdiction over such charges. (Rule 71, Sec. 12)

g. When imprisonment shall be imposed

Rule 71, Sec. 8. Imprisonment until order obeyed.

When the contempt consists in the refusal or omission to do an act which is yet in the power of the respondent to perform, he may be imprisoned by order of the court concerned until he performs it.