1

DISTINCTIONS BETWEEN DIRECT CONTEMPT

AND INDIRECT CONTEMPT

DIRECT INDIRECT
CONTEMPT CONTEMPT
 It can only be How  It can be
committed in committ committed
the presence of ed anywhere
or so near a through the
court or a acts mentioned
judge. in Sec. 3 of
Rule 71.
 It is summary Nature  It is litigious in
in character. of character.
The person proceed The person
who does an ings who does any
act of of the acts
misbehavior in mentioned in
the presence Sec. 3 of Rule
of or so near a 71 may be
court or a adjudged as
judge as to guilty of
obstruct or indirect
interrupt the contempt only
proceedings after a charge
before the in writing has
same may be been filed, and
summarily an opportunity
adjudged as is given to the
guilty of direct respondent to
contempt by be heard by
such court or himself or
judge. counsel.
2 RECITALS IN CIVIL PROCEDURE

 The court or How  The court

judge against proceed against which
whom the ings the contempt
contempt is comme was committed
committed may nced may motu
summarily proprio initiate
adjudge as proceedings for
guilty the indirect
person who contempt by an
committed the Order or formal
act of charge.
misbehavior In all other
and punish him cases, it may
right then and be commenced
there. by a verified
Petition.
 If the contempt Penaltie  If the contempt
is directed s is directed
against an RTC, against an RTC,
a court of a court of
equivalent or equivalent or
higher rank, higher rank,
the penalty the penalty
shall consist of: shall consist of:
(a) a fine not (a) a fine not
exceeding exceeding
P2,000; or P30,000; or
(b)imprisonme (b)imprisonme
nt not nt not
exceeding exceeding 6
10 days; or months; or
(c) both. (c) both.
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 If the contempt  If the contempt

is directed is directed
against an RTC, against an RTC,
a court of a court of
equivalent or equivalent or
higher rank, higher rank,
the penalty the penalty
shall consist of: shall consist of:
(a) a fine not (a) a fine not
exceeding exceeding
P2,000; or P30,000; or
(b)imprisonme (b)imprisonme
nt not nt not
exceeding exceeding 6
10 days; or months; or
(c) both. (c) both.
 The remedy of Remedy  The remedy of
appeal is NOT from appeal is
available, but judgme available as in
the remedies nt criminal cases,
of certiorari or but execution
prohibition may of the
be availed of judgment shall
by the person NOT be
adjudged by suspended
any court or until a bond is
judge as guilty filed by the
of direct person
contempt. adjudged guilty
of indirect
contempt.