Kinds of contempt | Contempt (RULE 71) | SPECIAL CIVIL ACTIONS

DISCLAIMER: The following discussion is for informational purposes only and does not constitute legal advice. Always consult the text of the applicable laws and rules (particularly the Rules of Court) and, where necessary, seek personalized counsel from a qualified attorney.

CONTEMPT UNDER RULE 71 OF THE PHILIPPINE RULES OF COURT

Contempt of court is an act or omission that tends to bring the authority of the court or the administration of law into disrepute or disrespect, or that obstructs or embarrasses the court in the performance of its functions. In the Philippines, contempt is governed primarily by Rule 71 of the Rules of Court.

I. KINDS OF CONTEMPT

Under Philippine law, contempt is generally classified into two main types:

  1. Direct Contempt (also known as “summary contempt”)
  2. Indirect Contempt (also known as “constructive contempt”)

Some jurisprudence and commentaries also refer to a distinction between criminal contempt and civil contempt, depending on whether the purpose of the penalty is punitive (to punish past conduct) or coercive (to compel future compliance). However, the more immediate distinction under Rule 71 is between direct and indirect contempt.

II. DIRECT CONTEMPT

A. Definition

Direct contempt arises from acts committed in the presence of or so near a court or judge that such acts obstruct or interrupt the proceedings, or detract from the court’s dignity, authority, and respect. Rule 71, Section 1, enumerates specific acts that constitute direct contempt, including:

  1. Misbehavior in the presence of or so near the court as to obstruct or interrupt the proceedings.
  2. Disrespect toward the court.
  3. Offensive personalities toward others in court.
  4. Refusal to be sworn or to answer as a witness, or to subscribe an affidavit or deposition when lawfully required to do so in the court’s presence.

B. Procedure

Because direct contempt occurs in or near the presence of the court itself, the judge may act summarily—that is, without need for further hearing, the court can immediately impose punishment. The rationale is to enable the court to maintain order, dignity, and authority in the course of judicial proceedings.

C. Penalties

Under Rule 71, Section 1, if a person is found guilty of direct contempt, the court may impose the following penalties:

  • If contempt is committed against a Regional Trial Court (RTC) or higher court: A fine not exceeding ₱2,000, or imprisonment not exceeding ten (10) days, or both.
  • If contempt is committed against a lower court (e.g., Municipal Trial Court): A fine not exceeding ₱200, or imprisonment not exceeding one (1) day, or both.

D. Remedies

A person adjudged in direct contempt by a Regional Trial Court or a court of equivalent or higher rank (e.g., Court of Appeals) may not, as a rule, appeal directly. The remedy is to file a petition for certiorari or prohibition questioning the contempt order. The penalty imposed is typically immediately executory, although one can raise the issue of grave abuse of discretion to a higher court.

III. INDIRECT CONTEMPT (CONSTRUCTIVE CONTEMPT)

A. Definition

Indirect contempt involves acts committed out of court (i.e., not in the immediate presence or vicinity of the judge) that tend to belittle, degrade, obstruct, or embarrass the court’s authority or impede the administration of justice. These are covered under Rule 71, Section 3.

Common grounds for indirect contempt include:

  1. Misbehavior of an officer of the court in the performance of his official duties or in his official transactions.
  2. Disobedience of or resistance to a lawful writ, process, order, judgment, or command of a court.
  3. Any abuse of or any unlawful interference with the proceedings of a court not constituting direct contempt.
  4. Improper conduct tending to degrade the administration of justice or to bring it into disrepute.
  5. Failure to obey a subpoena duly served.
  6. Assuming to act as an attorney or an officer of a court without authority.

B. Procedure

Since indirect contempt happens outside the court’s presence, the court cannot punish it summarily. Instead, Rule 71 sets out a separate procedure, which includes:

  1. Initiation of Proceedings

    • By order or motu proprio of the court: The court issues an order requiring the respondent to show cause why he should not be punished for contempt.
    • By verified petition of a party: The petition must state the acts constituting indirect contempt, and the court then issues an order to show cause.

  2. Hearing

    • The respondent is given an opportunity to file a comment or answer and to appear at the hearing to present evidence or arguments.
    • This ensures due process since the court was not personally privy to the alleged contemptuous act.

C. Penalties

  1. If Indirect Contempt is committed against an RTC or higher court:

    • Punishable by fine not exceeding ₱30,000 or imprisonment not exceeding six (6) months, or both.

  2. If Indirect Contempt is committed against a lower court:

    • Punishable by fine not exceeding ₱5,000 or imprisonment not exceeding one (1) month, or both.

  3. Additional Penalty for Contempt by Violation of an Injunction or Restraining Order

    • If a party fails or refuses to obey a lawful injunction, restraining order, or any other judgment of the court, the court may issue a writ of execution for the payment of damages or for the enforcement of the order to ensure compliance.

D. Remedies

  • A judgment of indirect contempt may be appealed in the same manner as a judgment in a criminal case (because contempt can carry penal consequences).
  • Under Rule 71, Section 11, the appeal does not stay the execution of the judgment unless the court so provides and the contemnor posts a bond fixed by the court.

IV. CIVIL vs. CRIMINAL CONTEMPT

While Rule 71 uses the terms direct and indirect contempt, Philippine jurisprudence also recognizes the distinction between:

  1. Criminal Contempt – Punitive in nature, seeking to punish or vindicate the authority of the court.
  2. Civil Contempt – Coercive or remedial in nature, seeking to compel obedience to a court order or decree for the benefit of a party.

The same act can sometimes be construed as both civil and criminal contempt, but the difference lies in the purpose:

  • If the purpose is to punish the party for the violation of a court order and to uphold the authority of the court, it is criminal contempt.
  • If the purpose is to coerce the party into complying with an order for the benefit of the other party (e.g., compelling payment of support in a family law case), it is civil contempt.

In practice, the label (civil or criminal) does not drastically alter the procedures under Rule 71 for direct or indirect contempt; however, it influences the interpretation of penalties and the nature of the remedy sought.

V. DEFENSES AND MITIGATING CIRCUMSTANCES

When charged with contempt (direct or indirect), a respondent or alleged contemnor may raise defenses such as:

  1. Absence of Intent – For certain forms of contempt, especially indirect, lack of intent to violate a court’s order or degrade the court can mitigate liability.
  2. Compliance or Subsequent Compliance – Showing that the alleged violation has been remedied or was based on a misunderstanding might reduce or negate contempt liability.
  3. Invalid or Unclear Order – Demonstrating that the underlying court order was void, unconstitutional, or ambiguous. If an order is invalid, disobedience might not constitute contempt.
  4. Due Process Violations – For indirect contempt charges, failure by the court to observe due process (lack of notice, hearing, etc.) is a strong defense.
  5. Good Faith – While not always a complete defense, acting in good faith and without intent to disrespect or obstruct the court can be argued to reduce sanctions.

VI. EFFECT OF CONTEMPT ON LAWYERS, OFFICERS OF THE COURT, AND LITIGANTS

  • Lawyers: Under the Code of Professional Responsibility, counsel must uphold the dignity of courts. Contemptuous acts could lead to disciplinary sanctions in addition to penalties under Rule 71.
  • Officers of the Court: Sheriffs, clerks, and other court personnel who fail in their duties or disobey lawful orders may be charged with indirect contempt, possibly risking administrative sanctions.
  • Litigants and Witnesses: Must comply with court orders (e.g., subpoenas, injunctions, and other processes). Failure or refusal can result in indirect contempt, fines, or imprisonment.

VII. PRACTICAL CONSIDERATIONS

  1. Immediate Courtroom Control: For direct contempt, the judge is empowered to impose penalties on the spot to maintain order.
  2. Right to Counsel and Notice: For indirect contempt, the alleged contemnor must be given notice and an opportunity to be heard.
  3. Appeal and Certiorari:
    • Direct contempt orders are typically challenged via certiorari if issued by the RTC or a higher court.
    • Indirect contempt judgments can be appealed, although execution may proceed unless the court orders a stay upon posting of a bond.
  4. Penalties: Fines and imprisonment vary depending on the level of the court and whether the contempt is direct or indirect. Higher penalties generally apply for indirect contempt in the RTC or higher courts.
  5. Strategic Considerations: Parties who have been served with court orders or processes should comply promptly or, if they believe the order is invalid or ambiguous, promptly seek clarification or relief (e.g., motion for reconsideration, motion to quash) rather than ignore or defy the court’s directive.

VIII. RELEVANT SECTIONS OF RULE 71

For ease of reference, the key sections in Rule 71 of the Rules of Court on contempt are:

  • Section 1: Direct contempt
  • Section 2: Remedy for direct contempt
  • Section 3: Indirect contempt – grounds
  • Section 4: How proceedings for indirect contempt commenced
  • Section 5: Hearing; release on bail
  • Section 6: Imprisonment until order obeyed
  • Section 7: Punishment for indirect contempt
  • Section 8: Imprisonment or fine when charged with violation of a restraining order or injunction
  • Section 9: Case of a lower court
  • Section 10: Court may release respondent upon his own recognizance
  • Section 11: Review of judgment or final order; bond for stay

IX. SUMMARY

  1. Direct Contempt (Rule 71, Section 1):

    • Committed in or near the presence of the court.
    • Punished summarily to maintain the dignity and authority of the court.
    • Penalties: Fine (up to ₱2,000 if RTC/higher court) and/or imprisonment (up to 10 days).
    • Remedy: Petition for certiorari (no appeal).

  2. Indirect Contempt (Rule 71, Sections 3–4):

    • Committed outside the immediate presence of the court.
    • Requires a separate proceeding with due notice and hearing.
    • Penalties: Fine (up to ₱30,000 if RTC/higher) and/or imprisonment (up to 6 months).
    • Remedy: Appeal (the penalty may be executed unless a bond is posted).

  3. Purpose and Classification:

    • May be civil (coercive/remedial) or criminal (punitive).
    • The essential element is still whether the act tends to degrade or obstruct the court or disobeys a valid order.

  4. Effect on Lawyers and Officers:

    • Lawyers are under strict ethical duties to respect and uphold the dignity of the judiciary.
    • Officers of the court who fail in their duties may face contempt charges or administrative liability.

  5. Due Process:

    • Indirect contempt demands notice and hearing.
    • Direct contempt is summarily punishable but can be reviewed via certiorari if imposed by higher-level courts.

Understanding the scope and procedure for contempt under Rule 71 is vital for litigants, lawyers, and all officers of the court. It preserves the integrity of judicial proceedings and underscores the importance of respecting court processes and decisions.

NOTE: Always refer to the latest amendments to the Rules of Court and relevant Supreme Court circulars or jurisprudence, as rules and interpretations may evolve. If you are facing a contempt charge or considering filing one, it is prudent to seek personalized legal advice from a qualified attorney.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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