RULE 71 CONTEMPT authority of the court and an injured suitor and to coerce

protect its outraged compliance with an order for the

dignity. preservation of the rights of private
-inherent power of the court because without such power, the judicial
persons
institution is undermined and therefore rests on a shaky foundation
-drastic remedy Intent is necessary Intent is not necessary
State is the real prosecutor Instituted by the aggrieved party
What is contempt? or his successor or someone who
It is disobedience to the court by acting in opposition to its authority, has pecuniary interest in the right
justice and dignity. It signifies not only willful disregard or disobedience to be protected
of court’s orders, but such conduct as tends to bring the authority of Proof required is proof Proof required is more than mere
court and administration of law into disrepute or in some manner to beyond reasonable doubt preponderance of evidence
impede the due administration of justice (Regalado v. Go, G.R. No. If accused is acquitted, If judgment is for respondent,
167988, Febraury 6, 2007; Riano, 2012). there can be no appeal. there can be an appeal.

Kinds of contempt Direct contempt vs. Indirect contempt

Direct Contempt
1. According to nature (depending on the nature and effect of the Definition A person guilty of
contemptuous act) misbehavior in the
1. a. Civil - failure to do something when required by the court presence of or so near
(ex. Kato asked to sing) a court as to obstruct or
interrupt the
2. b. Criminal - misbehavior directed against integrity of the court proceedings before the
(ex. Nangihi bisag asa- not contempt) same, including
disrespect toward the
2. According to the manner of commission court, offensive
a. Direct personalities toward
b. Indirect others, or refusal to be
sworn or to answer as a
As to purpose: witness, or to subscribe
a. Criminal - is for the purpose of vindicating public authority which is an affidavit or
usually the one referred to in direct contempt deposition when
b. Civil - is for the purpose of protecting the rights of the litigant and is lawfully required to do
applicable to indirect contempt. so (Sec. 1, Rule 71).
-preserve integrity and order of court for administration of justice
2-fold purpose:
1. proper punishment to be meted out to disobedient party
2. to compel performance of some act or duty required of him by the
court which he refuses to perform
Location Committed in the
Nature of contempt power presence of or so near
The power to punish for contempt is inherent in all courts; its existence a court.
is essential to the preservation of order in judicial proceedings and to Nature of Summary in nature
the enforcement of judgments, orders and mandates of the courts, and, proceeding
consequently, to the due administration of justice. How done Contempt in facie
curiae
It is settled that the power is to be exercised with the end in view of Grounds 1. Misbehavior in the
utilizing the same for correction and preservation of the dignity of the presence of or so near
court, and not for retaliation or vindictiveness. It is to be exercised on a court as to obstruct or
the preservative, not vindictive principle, and on the corrective and not interrupt the
retaliatory idea of punishment (Laurel v. Francisco, A.M. No. RTJ-06- proceedings;
1992, July 6, 2010). 2. Disrespect towards
the court;
Criminal contempt vs. Civil Contempt 3. Offensive
Criminal Contempt Civil Contempt personalities toward
It is a conduct directed It is the failure to do something others
against the authority and ordered to be done by a court or a 4. Refusal to be sworn
dignity of the court or a judge for the benefit of the or to answer as a
judge acting judicially; it is opposing party therein and is witness, or to subscribe
a conduct obstructing the therefore, an offense against the an affidavit or
administration of justice party in whose behalf the violated deposition when
which tends to bring the order was made. (Castillejos lawfully required to do
court into disrepute or Consumers Association, Inc. v. so (Sec. 1, Rule 71).
disrespect.(Castillejos Domingues, G.R. No. 189949,
Consumers Association, March 25, 2015; Riano, 2012)
Inc. v. Domingues, G.R.
No. 189949, March 25, NOTE: If the purpose is to punish,
2015; Riano, 2012) it is criminal in nature but if to
compensate, then it is civil.
Purpose is to vindicate the Purpose is to provide a remedy for
Indirect Contempt
Committed by a
person who does the
following acts:
1. Disobedience or
resistance to a lawful
writ, process, order or
judgment of a
court;
2. Any abuse of or any
unlawful interference
with the processes or
proceedings of a court
not constituting direct
contempt; and
3. Any improper
conduct tending,
directly or indirectly,
to impede, obstruct or
degrade the
administration of
justice (Siy vs. NLRC,
G.R. No. 158971,
August 25, 2005).
Not committed in the
presence of the court.
Punished after being
charged and heard
Constructive
contempt
1. Misbehavior of an
officer of a court in
the performance of
his official duties or in
his official
transactions;
2. Abuse or any
unlawful interference
with the proceedings
not constituting direct
contempt;
3. Disobedience of or
resistance to a lawful
writ, process, order,
or judgment of a court
or unauthorized
intrusion to any real
property after being
ejected;
4. Failure to obey a
subpoena duly
served;
5. Assuming to be an
attorney or an officer

DOI PSALM 18:2

 of direct contempt by any appeal)
the court without court may not appeal
authority; therefrom, but may The person adjudged
6. Rescue or avail himself of the in indirect contempt
attempted rescue, of remedies of special civil may appeal from the
a person or action of certiorari or judgment or final
property in the prohibition directed order of the court in
custody of an officer; against the court, which the same manner as
7. Any improper adjudged him in direct in criminal cases. The
conduct tending to contempt (Sec. 2, Rule appeal will not
degrade the 71). however have the
administration of effect of suspending
justice (Sec. 3, Rule Pending the resolution the judgment if the
71). of the petition for person adjudged in
Penalty The penalty for direct The punishment for certiorari or prohibition, contempt does not file
contempt depends indirect contempt the execution of the a bond in an amount
upon the court to which depends upon the judgment shall be fixed by the court
the act was committed: level of the court suspended, provided from which the appeal
1. If the act against which the act such person files a bond is taken. This bond is
constituting direct was committed: fixed by the court which conditioned upon his
contempt was 1. Where the act was rendered the judgment performance of the
committed against an committed against and conditioned that he judgment or final
RTC or a court of an RTC or a court of will abide by and order if the appeal is
equivalent or higher equivalent or higher perform the judgment decided against him
rank, the penalty is a rank, he may be should the petition be (Sec. 11, Rule 71).
fine not exceeding punished by a fine decided against him
2,000 pesos or not exceeding Php (Sec. 2, Rule 7; Canada
imprisonment not 30,000 or v. Suerte, 474 SCRA
exceeding 10 days, imprisonment not 379).
or both; exceeding 6 months, Commencement No formal proceeding is 1. May be initiated
2. If the act or both; of contempt required to cite a motu proprio by the
constituting direct 2. Where the act was proceeding person in direct court against which
contempt was committed against a contempt. The court the contempt was
committed against a lower court, he may against which the committed by order or
lower court, the be punished by a contempt is directed other formal charge
penalty is a fine not fine not exceeding may summarily adjudge by the court requiring
exceeding 200 pesos 5,000 pesos or a person in direct the respondent to
or imprisonment not imprisonment not contempt (Sec. 1 Rule show cause why he
exceeding 1 day, or exceeding one 71; Encinas v. National should not be
both (Sec. 1, Rule month, or both. Bookstore Inc., G.R. punished for
71); Aside from the No. 162704, July 28, contempt; or
If the contempt consists applicable penalties, 2005).
in the refusal or if the contempt NOTE: This procedure
omission to do an act consists in the applies only when the
which is yet within the violation of a writ of indirect contempt is
power of the injunction, TRO or committed against a
respondent to perform, status quo order, he court of judge
he may be imprisoned may also be ordered possessed and
by order of the court to make complete clothed with contempt
concerned until he restitution to the powers.
performs it. party injured by 2. By a verified
such violation of the petition with
property involved or supporting particulars
such amount as may and certified true
be alleged and copies of the
proved (Sec. 7, Rule necessary documents
71); Where the act and papers
was committed (independent action;
against a person or must comply with
entity exercising requirements of an
quasi-judicial initiatory pleadings)
functions, the (Sec. 4, Rule 71).
penalty imposed
shall depend upon NOTE: If the
the provisions of the contempt charges
law which authorizes arose out of or are
a penalty for related to a principal
contempt against action pending in the
such persons or court, the petition for
entities. contempt shall allege
Remedy The person adjudged in Appeal (by notice of that fact but said
DOI PSALM 18:2
 petition shall be
docketed, heard and
decided separately,
unless the court in its
discretion orders the
consolidation of the
contempt charge and
the principal action for
joint hearing and
decision (Sec. 4)
Court that has jurisdiction
1. Where the act was committed against a RTC or a court of equivalent
or higher rank, or against an officer appointed by it, the charge may
be filed with such court;
2. Where the act was committed against a lower court, the charge may
be filed with the RTC in which the lower court is sitting. It may also
be filed in lower court against which the contempt was allegedly
committed. The decision of the lower court is subject to appeal to
RTC;
3. Where the act was committed against persons or entities exercising
quasi-judicial functions, the charge shall be filed in RTC of the place
wherein the contempt was committed (Sec. 12, Rule 71; Riano, 2012).
Q: May a non-party be held for contempt?
A: GR: NO.
XPN: If he is guilty of conspiracy with any one of the parties in violating
the court’s orders (Desa Ent., Inc. v. SEC, G.R. No. L-45430, September
30, 1982).
Q: Ray, through Atty. Velasco, filed a complaint for quieting of title
against Chiz. Chiz, however, interposed the defense that the documents
relied upon by Ray and Atty. Velasco were forged and falsified. Finding
that the said documents were indeed forged and falsified, Judge Victoria
cited Ray and Atty. Velasco for direct contempt and ordered them to
serve 10 days of detention at the Municipal Jail. Ray and Atty. Velasco
filed a motion for bail and a motion to lift the order of arrest. But they
were denied outright by Judge Victoria. Is Judge Victoria correct?
A: NO. Direct contempt is a contumacious act done facie curiae and
may be punished summarily without hearing. Indirect or constructive
contempt, in turn, is one perpetrated outside of the sitting of the court.
Here the use of falsified and forged documents is a contumacious act.
However, it constitutes indirect contempt not direct contempt. The
imputed use of a falsified document, more so where the falsity of the
document is not apparent on its face, merely constitutes indirect
contempt, and as such is subject to such defenses as the accused may
raise in the proper proceedings. Thus, following Sec. 3, Rule 71, a
contemnor may be punished only after a charge in writing has been
filed, and an opportunity has been given to the accused to be heard by
himself and counsel.
Remedy
Certiorari or Prohibition not appeal. If you think that grave abuse of
discretion was committed, you can avail of certiorari under Rule 65.
Execution will be suspended during the pendency of the
petition for certiorari provided he will file a bond. This bond is
conditioned upon his performance of the judgment should the petition
be decided against him (Sec.2, Rule 71; Riano, 2016)
Q: Lawyer Mendoza, counsel for the accused in a criminal case, was
cited for direct contempt by Judge Tagle and was sentenced to 10 days
imprisonment. Lawyer Mendoza was placed in prison immediately.
Lawyer Mendoza manifested his readiness to post a bond and to appeal
the order by certiorari to stay its execution but Judge Tagle said that
the order is immediately executory. Is Judge Tagle correct?
A: NO. An order of direct contempt is not immediately executory or
enforceable. The contemner must be afforded a reasonable remedy to
extricate or purge himself of the contempt. Under Sec. 2, Rule 71, of
the Rules of Court, a person adjudged in direct contempt by any court
may not appeal therefrom, but may avail himself of the remedies of
DOI PSALM 18:2
certiorari or prohibition. The execution of the judgment shall be
suspended pending resolution of such petition, provided such person
files a bond fixed by the court which rendered the judgment and
conditioned that he will abide by and perform the judgment should the
petition be decided against him (Tiongco v. Judge Salao, A.M. No. RTJ-
06-2009, July 27, 2006).
NO NEED FOR HEARING
There is no need for hearing in direct contempt. This may be imposed
by the judge right then and there, without any need for explanation.
Direct contempt can be imposed by the court summarily or
without hearing.
Indirect Contempt may be punished only after charged and
hearing.
Indirect contempt requires a hearing.
GROUNDS: MDAI AFR
How committed
a. Misbehavior of an officer of the court in the performance of his
official duties
-(lawyers appearing in court are considered officers of court); a
sheriff committing misbehavior in enforcing writ of execution;
b. Disobedience or resistance to lawful writ, process, order or
judgment of the court;
c. Any abuse of or unlawful interference with the processes of a court
not constituting direct contempt
d. Any improper conduct tending, directly or indirectly to be an, to
impede, obstruct or degrade the the administration of justice;
e. Assuming to be an attorney or an officer of a court, and acting as
such without authority;
f. Failure to obey subpoena duly served
-except if you reside more than 100 kilometers from the court
because you cannot be compelled under your viatory right;
g. The rescue, or attempted rescue, of a person or property in the
custody of an [x] the court.
-immediately executory
REMEDY
Certiorari and prohibition
In extreme circumstances, Habeas Corpus is available as remedy
How commenced
An indirect contempt is commenced by a verified petition OR by court,
motu propio. The plaintiff may commence the action by filing a petition
to cite the defendant in direct contempt.
Where to file
􏰀 In the same court where the contumacious act was commited.
􏰀 In the very same court where the case is pending. It may motu proprio
cite a party in indirect contempt. The court will ask such party why he
will not be cited in indirect contempt and the defendant is required to
explain. Thus there should be a hearing.
How done Indirect Contempt?
1. Motu proprio upon motion or order of court to show cause why
you should not be issued in contempt
2. Verified petition (cannot summarily punish)
-RTC; filed in same court
-MTC; filed in same court or RTC where MTC situated
-SC; instituted with RTC upon investigation with the Public
Prosecutor
-contempt proceeding partakes criminal in nature, when involves
appeal, appeal in criminal cases should be followed
Hearing and release on bail
If the hearing will be delayed, the person may put up a bail bond for his
release.
HOW CONTEMPT PROCEEDINGS ARE COMMENCED
Direct contempt
No formal proceeding is required to cite a person in direct contempt.
The court against which the contempt is directed may summarily
adjudge a person in direct contempt (Sec. 1 Rule 71; Encinas v. National
Bookstore Inc., G.R. No. 162704, July 28, 2005).
Indirect contempt
Generally, the procedural requisites before the accused be punished for
indirect contempt are:
(a) Charge in writing;
(b) Opportunity for the person charged to appear and
explain his conduct; and
(c) Opportunity to be heard by himself or counsel
(Barredo-Fuentes v. Albarracion, 456 SCRA 120; Riano, 2016)
Since an indirect contempt charge partakes the nature of a criminal
charge, conviction cannot be had merely on the basis of written
pleadings. A respondent in a contempt charge must be served with a
copy of the motion/petition. Unlike in civil actions, the Court does not
issue summons on the respondent. While the respondent is not required
to file a formal answer similar to that in ordinary civil actions, the court
must set the contempt charge for hearing on a fixed date and time on
which the respondent must make his appearance to answer the charge
(Silverio Sr. v. Silverio Jr., G.R. No. 186589, July18, 2014, Del Castillo).
There are two ways by which a person can be charged with indirect
contempt, namely:
(a) The charge is initiated motu proprio by the court against which
the contempt was committed- it is commenced by an order of the
same court or any formal charge requiring the respondent to show
cause why he should not be punished for contempt.
(b) The charge is commenced by filing a verified petition by someone
other than the court- This petition shall be accompanied by
supporting particulars and certified true copies of documents or
papers involved therein. The petition shall likewise comply with the
requirements for the filng of initiatory pleadings for civil actions in
the court concerned (Sec. 4, Rule 71).
NOTE: If the contempt charges arose out of or are related to a principal
action pending in the court, the petition for contempt shall allege that
fact but such petition shall be docketed, heard and decided separately,
unless the court in its discretion orders the consolidation of the
contempt charge and the principla action for joint hearing and decision
(Sec. 4, Rule 71).
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). Indefinite incarceration may be resorted to where the
attendant circumstances are such that the non-compliance with the
court order is an utter disregard of the authority of the court which has
then no other recourse but to use its coercive power.
*Imprisonment if order is obeyed
*Court may release respondent if public interest will not be
prejudiced.
The court may issue an order for your imprisonment until you obey the
order of the court. In the case of indirect contempt is given the
discretion to release the respondent even before the lapse of the period
of imprisonment if public interest will not be prejudiced.
*Judgment in indirect contempt is appealable as in criminal
cases. But, appeal does not stay execution unless respondent
files a bond.
*Contempt against quasi-judicial entities
There is also contempt power in quasi-judicial bodies. The procedure
shall be based on the law granting such bodies contempt power. But in
the absence of such rules, the Rules of Court shall apply suppletorily.
The proceedings for contempt may also be filed before the RTC.
DOI PSALM 18:2
Q: A complaint was filed by Ladano before the DARAB against Neri
alleging that the latter forcibly entered Ladano’s two-hectare land by
fencing the property and destroying some of the trees planted thereon.
Ladano prayed that he be declared the rightful "occupant/tiller" of the
property, with the right to security of tenure thereon. Later, Ladano filed
a Motion for Urgent Issuance of Temporary Restraining Order TRO
before the Court. He alleged that, despite the pendency of his appeal,
Neri bulldozed the subject land and destroyed Ladano’s trees. The Court
granted petitioner’s motion and issued a TRO. Thereafter, Ladano filed
an Urgent Motion To Cite Neri in Contempt of Court. He alleged that
Neri defied the Courts TRO by bulldozing the subject property. Neri
denied the allegations. He maintained that the pictures attached to
Ladano’s motion were taken way back in 2003 and were not truthful
representations of the current state of the subject property. Is Neri
guilty of indirect contempt?
A: NO. A charge for indirect contempt, such as disobedience to a courts
lawful order, is initiated either motu proprio by order of or a formal
charge by the offended court, or by a verified petition 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. It cannot be
initiated by a mere motion, such as the one that petitioner filed. Ladano
failed to substantiate his factual allegation that respondents violated the
TRO. The entries in the barangay and police blotters attached to his
motion carry little weight or probative value as they are not conclusive
evidence of the truth thereof but merely of the fact that these entries
were made. The pictures depicting bulldozing activities likewise
contained no indication that they were taken after the Court’s issuance
of the restraining order (Luciano Ladano v. Felino Neri, Edwin Soto,
Adan Espanola and Ernesto Blanc G.R. No. 178622, November 12, 2012,
Del Castillo, J.).
ACTS DEEMED PUNISHABLE AS INDIRECT CONTEMPT
After a charge in writing has been filed, and an opportunity given to the
respondent to comment thereon within such period as may be fixed by
the court and to be heard by himself or counsel, a person guilty of any
of the following acts may be punished for indirect contempt:
1. Misbehavior an officer of a court in the performance of his official
duties or in his official transactions;
2. Disobedience of or resistance to a lawful writ, process, order, or
judgment of a court, including the act of a person who, after being
dispossessed or ejected from any real property by the judgment or
process of any court of competent jurisdiction, enters or attempts
or induces another to enter into or upon such real property, for the
purpose of executing acts of ownership or possession, or in any
manner disturbs the possession given to the person adjudged to be
entitled thereto;
3. Any abuse of or any unlawful interference with the processes or
proceedings of a court not constituting direct contempt under
section 1 of this Rule;
4. Any improper conduct tending, directly or indirectly, to impede,
obstruct, or degrade the administration of justice;
5. Assuming to be an attorney or an officer of a court, and acting as
such without authority;
6. Failure to obey a subpoena duly served; and
7. The rescue, or attempted rescue, of a person or property in the
custody of an officer by virtue of an order or process of a court held
by him (Sec. 3, Rule 71).
NOTE: Failure by counsel to inform the court of the death of his client
constitutes indirect contempt within the purview of Sec. 3, Rule 71, since
it constitutes an improper conduct tending to impede the administration
of justice.
NOTE: If a person charged with indirect contempt fails to appear on
that date after due notice without justifiable reason, the court may order
his arrest, just like the accused in a criminal case. The court does not
declare the respondent in default (Riano, 2012).
Q: Spouses Trinidad filed an action for specific performance before the
HLURB against FAMA. After years of litigation, a Decision was issued
finally disposing the case. A writ of execution was issued by the HLURB,
however, the case still continued and execution was not yet had. This
prompted spouses Trinidad to file a Petition for Contempt before the
Supreme Court, praying that FAMA be cited for indirect contempt for
delaying the execution of the HLURB Board’s April 2, 1997 Decision.
Petitioners further pray that the Court order the dismissal of
respondents’ HLURB appeal, which to them is unauthorized and
prohibited under the HLURB Rules of Procedure. Is Petition for Contempt
filed before the Supreme Court in an HLURB case proper?

A: NO. Petitioners should have sought to cite respondents in contempt

before the HLURB itself, and not the Supreme Court. Where contempt
is committed against quasi--judicial entities, the filing of contempt
charges in court is observed only when there is no law granting
contempt powers to these quasi-judicial entities. Executive Order No.
648 (HLURB Charter) and the HLURB Revised Rules of Procedure
respectively granted the HLURB Board the power to cite and declare any
person, entity or enterprise in direct or indirect contempt (Spouses
Trinidad v. FAMA Realty Inc., G. R. No. 203336, June 06, 2016, Del
Castillo, J.).

Sub judice Rule

-under judicial consideration
-cannot talk about a pending case (Sereno case)
-publication or any comment not allowed

Purpose: in order not to interfere, impede or embarrass administration

of justice; court should not be influenced with extraneous circumstances
that could undermine authority of court

Court is utilizing the Clear and Present Danger Rule

What is it? Balancing of interests between freedom of expression on one
part and administration of justice in the other part; threat must be
imminent, not likely threat

APPEAL PROCESS IN CONTEMPT

MTC - RTC  CA  SC
R40 -> R42/R122 -> R45

MTC  CA  SC
R41 -> R45

DOI PSALM 18:2