Rule 71 CONTEMPT

Direct Contempt versus Indirect Contempt

Criminal
Contempt

Contempt versus Civil

Principle which guides the court from determining whether or not one is guilty of
contempt:
Contempt should be exercised in the preservative principle.

Is the power to declare a person in contempt inherent before the court?

Yes. However, the same is not true in quasi-judicial agencies or bodies. They can only exercise
such power if the law creating that particular quasi-judicial agency or body grants them to punish
one in contempt.
Is charge necessary in direct contempt?
No.
Indirect contempt?
Indirect contempt needs a charge filed against a person as well as a hearing, unless it is the
court itself based it in an order. There are two modes of commencing a proceeding for indirect
contempt:
1. if the court itself issues an order; and
2. if it is based on a verified petition which may be filed by any party against a person.
The requirement of the law is that there must be a hearing to comply with due process.
Where should a case for direct contempt be filed?
Before the court where the contumacious act was committed.
Indirect contempt?
If committed against the first level court, (1) before the first level court where the contumacious
act was committed subject to appeal to the RTC; or (2) directly to the RTC.
If committed against the RTC, in the same RTC. If in the nature of a criminal proceeding, it is
appealable. If not, then it is not appealable.
Committed against a quasi-judicial agency or body?
Before the RTC where the quasi-judicial agency or body is under.
Grounds for Indirect Contempt

Pleadings which contain contemptuous allegations, direct or indirect contempt?

Direct contempt if pleading is submitted to the court and attacked the integrity of the judge
where the pleading is submitted.
Indirect contempt if pleading is submitted to the court and attacked the integrity of another
judge.

Two lawyers boxed each other only after a recess has been declared by the court,
direct or indirect contempt?
Indirect contempt because there was a recess. But if they boxed each other while the trial is
going on, direct contempt.
Writ of execution issued by the court to the sheriff commanding him to execute
decision of the court and there was refusal on the part of the losing party to comply
with the WOE issued by the court, direct or indirect contempt?
No indirect contempt on the part of the losing party because no order has been issued to them
and the order has been issued to the sheriff.
Penalty in direct contempt
Fine, imprisonment or both.
Is the decision of the court in direct contempt appealable?
No. The remedy is certiorari or prohibition. But prohibition is the better remedy.
Does the filing of prohibition or certiorari stays the decision of the court?
No. To stay the decision of the court, the remedy is to post a bond in an amount to be fixed by
the court to answer for damages if it turns out that the petition for certiorari is unmeritorious.