CONTEMPT

Criminal Contempt

Is a conduct that is directed against the dignity and authority of the court or a judge acting judicially; it is an act obstructing the administration of justice which tends to bring the court into disrepute and disrespect.

 Civil Contempt

Consists in failing to do something ordered to be done by a court in a civil action for the benefit of the opposing party therein and is, therefore, an offense against the party in whose behalf the violated order is made.

Elements of Contempt
In criminal contempt, intent is a necessary element. It

means that no one can be punished for a criminal contempt unless the evidence makes it clear that he intended to commit it. In civil contempt, intent is immaterial. Hence, good faith and absence of intent to violate courts order is not a defense.

When is contempt criminal or civil?

Where the primary purpose for which the power is

exercised is to preserve the courts authority and to punish for disobedience of its orders, thee contempt is criminal. Where the primary purpose is to provide a remedy for an injured suitor and to coerce compliance with an order, the contempt is civil.

Who institutes the filing of contempt charges?

In civil contempt, proceedings should be instituted by

an aggrieved party, or his successor , or someone has a pecuniary interest in the right to be protected. In criminal contempt, it is generally held that the State is the real prosecutor.

Nestle Philippines, Inc. V Sanchez

Facts:

Union of Filipino Employees and Kimberly Independent Labor Union For Solidarity picketed in front of the Supreme Court building. Their picket obstructed access to and egress from the courts premises and offices of justices. The place was littered with containers and trash in utter disregard of proper hygiene and sanitation.

 These acts were done even after their leaders had a

dialogue with the justices of the Supreme Court.

 Issue: Whether or not the acts in question constitute

contempt? Ruling: The SC dismissed the case after apologies from the lawyers and the union members were heard and upon the promise that the same incident will not be repeated.

 Legal Principles:

No demonstrations or pickets intended to pressure or influence courts of justice into acting one way or the other on pending cases shall be allowed within the premises of any and all courts.

 Grievances must be ventilated through appropriate

petitions, motions or other pleadings in keeping with the respect to the Courts as impartial administrators of justice entitled to proceed to the disposition of its business in an orderly manner free from outside interference obstructive of its functions and tending to embarrass the administration of justice.

People V Godoy
Facts:

A complaint was filed by Judge Gacott, Jr. of RTC Palawan Branch 47 against Mauricio Reynoso, Jr. and Eva P. Ponce de Leon of Palawan Times.

 The complaint avers that the article tends to impede,

obstruct, belittle, downgrade and degrade the administration of justice; that the article contains averments which are disrespectful, discourteous, insulting, offensive and derogatory remarks against the Judge Gacott, Jr.

 Ruling:

The SC dismissed the case as there was no contempt to speak about.

 Legal Principles

Snide remarks or sarcastic innuendoes do not necessarily assume that level of cotumely which is actionable under Rule 71 of the Rules of Court(Contempt)

 A judge ought to be patient and tolerate everything

which appears as but the momentary outbreak of disappointment. The general rule is that there is no contempt in postlitigation publications; however, there are exceptions to this rule 1. where it tends to bring the court into disrespect or, in other words, to scandalize the court 2. where there is a clear and present danger that the administration of justice would be impeded