RULE 71

CONTEMPT
Section 1. Direct contempt punished summarily
Concept of Contempt of court
Contempt of court is a defiance of the authority, justice or dignity of the court; such conduct as tends to
bring the authority and administration of the law into disrespect or to interfere with or prejudice parties-
litigant or their witnesses during litigation.
- Tends to bring the authority of the court and the administration of law into disrepute or in some
manner to impede the due administration of justice.
- The reason for the inherent power of courts to punish for contempt is that respect of the courts
guarantees the stability of the judicial institution.

Two fold aspect

a. Proper punishment of the guilty party for his disrespect to the court or its order;
b. To compel performance of some act or duty required of him by the court which he refuses to perform
Civil contempt and criminal contempt
- The question whether the contempt is civil or criminal in nature does not affect the jurisdiction or
power of a court to punish the same;

DIRECT CONTEMPT INDIRECT CONTEMPT

Committed in the presence of or so near the court or One committed out or not in the presence of the court.
judge or obstruct or interrupt proceedings before the
same
Can be punished summarily without hearing An act done in a distance which tends to belittle,
degrade, obstruct, interrupt, or embarrass the court

CIVIL CONTEMPT CRIMINAL CONTEMPT

Civil contempt is the failure to do something ordered to Criminal contempt is conduct directed against the
be done by a court or a judge for the benefit of the authority and dignity of a court or a judge, as in
opposing party therein unlawfully assailing or discrediting the authority or
dignity of the court or judge, or in doing a duly forbidden
act;
Civil contempt is neither a felony, nor a misdemeanour, Intent is a necessary element in the criminal contempt.
but a power of the court
Primary purpose is to provide a remedy for an injured Primary purpose is to preserve the court’s authority and
suitor and to coerce compliance with an order; to punish for disobedience of its order

Primarily compensatory or remedial Primarily punishment

Proceedings for civil contempt is one instituted to Characterized the proceedings as sui generis, partaking
preserve and enforce the rights of a private party to an of some of the elements of both civil and criminal
action and to compel obedience to a judgment or proceedings but really constituting neither
decree.
 Initiated by the aggrieved party, or his successor, or
someone who has a pecuniary interest
No presumption; the proof need not be beyond
reasonable doubt, it must amount to more than a mere
preponderance of evidence
Generally held that the State is the real prosecutor
The defendant is presumed innocent and the burden is
on the prosecution to prove the charges beyond
reasonable doubt

- What characterizes direct contempt is the act of disrespect to the court or to the judge who is
performing an official function. No direct contempt where the act was committed at the time when
the court was not in session.

- Where the use of disrespectful or contemptuous language against a particular judge in pleadings
is filed in another court or proceedings, it is an indirect contempt as it does not amount to
misbehaviour in the presence or so near a court or judge.

- Indirect contempt without charge and hearing is void.

- Pleadings filed in another court is indirect contempt.

- Failure to appear at trial is not direct contempt.

Section 2. Remedy therefrom.
- Person adjudged in direct contempt may not appeal therefrom but may avail himself of the
remedies of certiorari or prohibition.

- Execution of 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 3. Indirect contempt to be punished after charge and hearing.

Acts constituting contempt:
a. Writ or order must be lawful in order that resistance may be punished. When the order or
mandate is valid, it cannot be disobeyed no matter how erroneous it may be.

b. Refusal to comply with Writ of Possession is not a contempt of court.

- Where the writ of possession is directed not to the parties, but to the sheriff for them to
deliver the properties to respondent, they cannot be held guilty of “disobedience or
resistance to a lawful writ, process, order, judgment or command of a court.”

c. Re-entry after dispossession constitutes contempt.

- When it appears that the petitioner had been effectively ejected from the land in question
pursuant to the writ of demolition issued by the court, their re-entry is clearly a defiance of the
authority of the court.

d. Misbehaviour of an officer of a court in the performance of his official duties or in his official
transactions
e. Failure of Sheriff to serve summons thereby interfering with the due and regular procedure of
the work of court.

f. Lawyer’s tactics in slanting cases tolerated because understandably lawyers are apt to slant the
presentation of their client’s case so that they could have a favourable judgment but not
delaying tactics by lawyer.

g. Tardiness could be a valid ground for contempt.

- Failure of the counsel to appear in court for trial despite due notice was held to
constitute indirect contempt for it is a misbehaviour committed not in the presence of or so near
a court or judge

h. Refusal of a party to concede defeat, manifested by unceasing attempts to prolong the final
disposition of cases, obstructs the administration of justice and therefore constitutes contempt
of court.

i. The filing of a motion for execution and the granting thereof by judge while the case is still
pending in the Supreme Court is contempt.

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

k. The publication of a criticism of a party, or of the court to a pending case, respecting the same,
has always been considered as misbehaviour, tending to obstruct the administration of justice,
and subjects such person to contempt proceedings.

l. Mere criticism or comment on the correctness or wrongness or soundness of the decision of

the court in a pending case made in good faith may be tolerated. The phrase “gross ignorance
of the rules of law and procedure” is ordinarily found in administrative complaints and is
necessary description to support a petition which seeks annulment of an order of a judge.

m. It is also regarded as an interference with the work of the courts to publish any matter which
their policy requires should be kept private.

n. Criticisms of courts after a case is finally disposed of does not constitute contempt. But in
Almacen case, it can inevitably be concluded that the termination of the case is not a guaranty
of immunity from a contempt charge for publications or utterances which are defamatory or
libelous.
The Philippine rule, therefore, is that in case of a post- litigation newspaper publication, fair
criticism of the court, its proceedings and its members, are allowed. However, there may be a
contempt of court, even though the case has been terminated, if the publications attended by
either of these two circumstances:
1. Tends to bring the court into disrespect or, in other word, to scandalize the court;
2. There is a clear and present danger that the administration of justice would be impeded.
“Freedom of speech and press should not be impaired through the exercise
of the power to punish for contempt of court unless there is no doubt that
 the utterance in question are a serious and imminent threat to
administration of justice.”

o. There are two related powers which come in to play where a lawyer is the contemnor: the
court’s inherent power to discipline attorneys and the contempt power. The disciplinary
authority of the court over members of the Bar is broader than the power to punish for
contempt.

p. Any abuse of legal process or proceeding is also contempt as when a person who is not a
pauper alleges under oath to be such in order to avoid payment of costs.

q. Unlawful interference with judicial process is also contempt such as procuring unlawfully the
arrest of a person for the purpose of preventing him from testifying as a witness.

Section 4. How proceedings commenced.

- Indirect contempt- May be initiated motu proprio by the court by an order or any other formal
charge requiring the respondent to show cause why he should not be punished or by verified
petition with supporting particulars and certified true copies of documents or papers. A written
charge is necessary

- If arose out of or are related to a principal action pending in the court, the petition shall allege the
fact but said petition shall be docketed, heard and decided separately unless the court orders
otherwise.

- Procedure:
a. a charge must be filed a copy thereof furnished the person who must be given the opportunity
to answer and be heard;
b. may be initiated motu proprio or by verified petition;
c. accused may be released on bail pending the hearing of the charge;
d. the court shall proceed to investigate the charge and consider the answer or testimony which
the accused may make or offer;
e. If found guilty, shall be punished accordingly.

- A contempt charge being in the nature of a criminal prosecution, courts should follow the
procedure similar to criminal prosecution such as providing the respondent with counsel. However,
contempt is not a criminal offense and need not be instituted by means of an information.

- The respondent in a contempt proceedings, is entitled to know the nature and cause of the
accusation against him, but this requirement is properly satisfied when the court, after the
respondent appears before it, reads to the respondent the complaint or furnishes him a copy
thereof.
 - Hearing is necessary. Without that hearing the order violated the rules and deprived the party of
her liberty without due process.

- Satisfying the requirement of due process:

a. Complaint in writing which may either be a motion for contempt filed by a party or an order
issued by the court requiring such person to appear and explain his conduct;
b. An opportunity for the person charged to appear and explain his conduct.

- There should be separate order for direct and indirect contempt.

- General rule: No contempt can be committed by one not a party to the case. Remedy: civil or
criminal case
Exception: when said persons are guilty of conspiracy with any one of the parties in violating the
court’s order.

- The act considered contemptuous must be clearly contrary or prohibited by the order of the Court
so that there can be no reasonable doubt or uncertainty as to what specific act or thing is forbidden
or required.

Section 5. Where charge to be filed.

- Charge for indirect contempt has been committed against RTC or a court of equivalent or higher
rank or against an officer appointed by it, file with such court;

- committed against lower court, file with the RTC of the place in which the lower court is sitting but
can also be instituted in such lower court subject to appeal to the RTC.

- General rule: must be filed with the court contemned

Exception: may be tried by other courts
a. Indirect contempt committed against an inferior court may also be tried by the proper RTC,
regardless of the imposable penalty;
b. Indirect contempt committed against the SC may be caused to be investigated by a prosecuting
officer and the charge may be filed the RTC or the case may be referred to it for hearing and
recommendation where the charge involves question of fact.

- The trial court losses jurisdiction upon the perfection of an appeal. The appeal transfers the
proceedings to the appellate court, and this last court becomes thereby charged with the authority
to deal with contempts committed after perfection of the appeal.

Section 6. Hearing; release on bail.

- If the hearing is not ordered, the respondent may be released from custody upon filing a bond, in
an amount fixed by court for his appearance at the hearing of the charge.
 - During the hearing, the court shall proceed to investigate the charge and consider such comment,
testimony or defense as the respondent may make or offer.

Section 7. Punishment for indirect contempt.

Section 8. Imprisonment until order obeyed.

- In a civil contempt the proceeding is remedial, it is a step in the case the object of which us to
coerce one party for the benefit of the other party to do or refrain from some act specified in the
order of the court. Hence, if imprisonment be ordered, it is remedial in purpose and coercive in
character, and to that end must relate to something to be done by the defendant by the doing of
which he may discharge himself.

- The power to punish for contempt of court should be exercised on the preservative and not in the
vindictive principle. Only occasionally should the court invoke its inherent power in order to retain
the respect without which the administration of justice must falter or fail.

Section 9. Proceeding when party released on bail fails to answer.

- The court may issue another order of arrest or may order the bond for his appearance to be
forfeited, confiscated or both;

- If the bond be proceeded against, the measure of damages shall be the extent of loss or injury
sustained by the aggrieved party by reason of the misconduct for which the contempt charge was
prosecuted with the costs of the proceedings;

- If there is no aggrieved party, the bond shall be liable and disposed of as in criminal cases

Section 10. Court may release respondent.

- The court which issued the order imprisoning a person for contempt may discharge him from
imprisonment when it appears that public interest will not be prejudiced.

Section 11. Review of Judgment or final order; bond for stay.

- May be appealed to the proper court as in criminal cases.

- Execution of 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.

- An appeal does not lie from an order dismissing a charge of contempt of court.

- Civil contempt cannot be a basis for second jeopardy. But criminal contempt, where the purpose is
to vindicate the authority of the court and protect its outraged dignity, could be a different matter.
 - An appeal from judgment for indirect contempt may be prosecuted without waiting for the
termination of the principal case, just as in contempt committed in special proceedings.

- An appeal from a verdict of acquittal in contempt proceedings where the contempt is civil in nature
does not constitute double jeopardy.

- Contempt is not res Judicata to disbarment. Contempt proceedings for misbehaviour in court is
designed to vindicate the authority of the court; on the other hand, the object of disciplinary
proceedings is to deal with the fitness of the court’s officer to continue in that office, to preserve
and protect the court and the public from the official ministrations of persons unfit or unworthy to
hold such office. Both powers are inherent in the Supreme Court.

Section 12. Contempt against quasi-judicial entities.

- This rule shall apply to contempt committed against persons, entities, bodies or agencies exercising
quasi-judicial functions, or shall have suppletory effect to such rules as they may have adopted
pursuant to authority granted to them by law to punish for contempt.