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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Contempt of court, as governed by the Rules of Civil Procedure, is classified into two kinds: direct contempt and indirect contempt. While both are intended to uphold the authority of the courts, direct and indirect contempt are treated differently under the Rules, particularly as to procedure and penalties.
Contempt of court is of two kinds, namely: direct contempt, which is committed in the presence of or so near the judge as to obstruct them in the administration of justice; and constructive or indirect contempt, which consists of willful disobedience of the lawful process or order of the court. (Spouses Balucan v. Spouses Nageli, G.R. No. 262889, November 13, 2023)
Direct contempt is defined under Rule 71, Section 1 of the Rules of Civil Procedure, as 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.
While, Indirect contempt, as provided for under Rule 71, Section 3 of the Rules of Civil Procedure, is defined as a person guilty of any of the following acts may be punished for indirect contempt;
- Misbehavior of an officer of a court in the performance of his official duties or in his official transactions;
- 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;
- Any abuse of or any unlawful interference with the processes or proceedings of a court not constituting direct contempt under section 1 of this Rule;
- Any improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the administration of justice;
- Assuming to be an attorney or an officer of a court, and acting as such without authority;
- Failure to obey a subpoena duly served;
- The rescue, or attempted rescue, of a person or property in the custody of an officer by virtue of an order or process of a court held by him.
From the foregoing provisions, it is clear that the fundamental distinction between direct and indirect contempt lies in the place and manner of their commission
Procedural Differences
The procedural treatment of direct and indirect contempt reflects this distinction.
In cases of direct contempt, Section 1, Rule 71 of the Rules of Civil Procedure provides that a person guilty of direct contempt may be summarily adjudged in contempt by such court.
Section 4 of Rule 71 of the Rules of Civil Procedure states that proceedings for indirect contempt may be initiated motu propio 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.
Remedy
Furthermore, there is a distinction regarding the type of remedies available to a person charged with direct or indirect contempt.
For direct contempt, a person adjudged by any court may not appeal therefrom, but may avail himself of the remedies of certiorari or prohibition. The execution of the judgment shall be suspended pending resolution of such petition, provided such person files a bond fixed by the court which rendered the judgment and conditioned that he will abide by and perform the judgment should the petition be decided against him. (Section 2, Rule 71 of the Rules of Civil Procedure)
In contrast, Section 11, Rule 71 of the Rules of Civil Procedure, 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.
Penalty
A person found guilty of direct contempt may be punished by a fine not exceeding two thousand pesos (PhP2,000.00) 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 a fine not exceeding two hundred pesos (PhP200.00) or imprisonment not exceeding one (1) day, or both, if it be a lower court. (Section 1, Rule 71 of the Rules of Civil Procedure)
On the other hand, 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 or imprisonment not exceeding six (6) months, or both. If he is adjudged guilty of contempt committed against a lower court, he may be punished by a fine not exceeding five thousand pesos or imprisonment not exceeding one (1) month, or both. 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. The writ of execution, as in ordinary civil actions, shall issue for the enforcement of a judgment imposing a fine unless the court otherwise provides. (Section 7, Rule 71 of the Rules of Civil Procedure)
Additionally, Section 8, Rule 71 of the Rules of Civil Procedure states that 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.
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.
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