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Rule 71 Contempt

This document defines contempt of court and outlines the nature, manner of commission, and procedures for contempt proceedings. It distinguishes between civil and criminal contempt, direct and indirect contempt, and how contempt proceedings are commenced for indirect contempt. It also discusses when imprisonment can be imposed, including for indefinite periods in civil contempt cases, and limits the Senate's power of contempt during legislative inquiries to the inquiry's termination.

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Cyrus Siaton
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40 views7 pages

Rule 71 Contempt

This document defines contempt of court and outlines the nature, manner of commission, and procedures for contempt proceedings. It distinguishes between civil and criminal contempt, direct and indirect contempt, and how contempt proceedings are commenced for indirect contempt. It also discusses when imprisonment can be imposed, including for indefinite periods in civil contempt cases, and limits the Senate's power of contempt during legislative inquiries to the inquiry's termination.

Uploaded by

Cyrus Siaton
Copyright
© © All Rights Reserved
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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RULE 71 - CONTEMPT

DEFINITION OF CONTEMPT OF COURT

• Contempt is disobedience and utter disregard to the court by


acting in opposition to its authority, justice and dignity. It also
includes conduct which tends to bring the authority of the court and
the administration of law into disrepute or in a manner which
impedes the due administration of justice. (Siy v. NLRC, G.R.
No. 158971, 2005)
NATURE OF CONTEMPT

CIVIL CONTEMPT CRIMINAL CONTEMPT


It is the failure to do something It is a conduct directed against the
ordered to be done by a court or a authority and dignity of the court or a
judge for the benefit of the opposing judge acting judicially; it is an
party therein and is therefore an obstruction of the administration of
offense against the party in whose justice which tends to bring the court
behalf the violated order was made. into disrepute or disrespect.
The purpose is to compensate for the The purpose is to punish, to vindicate
benefit of a party. the authority of the court and protect
its outraged dignity.
MANNER OF COMMISSION
DIRECT CONTEMPT INDIRECT CONTEMPT
In general, it is committed in the presence of or so It is not committed in the presence of the court,
near the court or judge as to obstruct or interrupt but done at a distance which tends to belittle,
the proceedings before it. degrade, obstruct or embarrass the court and
justice.
Acts constituting direct contempt are: Acts constituting indirect contempt are:
1. Misbehavior in the presence of or so near the 1. Any improper conduct tending, directly or
court as to obstruct or interrupt the indirectly, to impede, obstruct, or degrade the
proceedings before it; administration of justice;

2. Refusal to be sworn as a witness or to answer 2. Assuming to be an attorney or an officer of a


as a witness; court, and acting as such without authority;

3. Refusal to subscribe an affidavit or deposition 3. Failure to obey a subpoena duly served; and
when lawfully required to do so;
4. The rescue, or attempted rescue, of a person or
4. Acts of a party or a counsel which constitute property in the custody of an officer by virtue of
willful and deliberate forum shopping; an order or process of a court held by him.
HOW CONTEMPT PROCEEDINGS ARE COMMENCED

Two Modes of Commencing Proceeding for Indirect Contempt:


1. Motu proprio by the court through an order or any other formal charge
requiring the respondent to show cause why he should not be punished for
contempt; and
2. Through a verified petition charging for indirect contempt 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.
WHEN IMPRISONMENT SHALL BE IMPOSED

• 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. (Sec. 8, Rule 71)

• The reason for indefinite incarceration in civil contempt proceedings, in proper


cases, is that it is remedial, preservative, or coercive in nature. The punishment is
imposed for the benefit of a complainant or a party to a suit who has been
injured.
POWER OF CONTEMPT BY THE SENATE IN INQUIRIES
IN AID OF LEGISLATION

• The period of imprisonment under the inherent power of contempt by


the Senate during inquiries in aid of legislation should only last until
the termination of the legislative inquiry under which the said power
is invoked.

• Accordingly, as long as there is a legitimate legislative inquiry, then


the inherent power of contempt by the Senate may be properly
exercised.

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