What is Direct Contempt?
Direct contempt is
committed in the presence of or so near the judge as to obstruct him in the
administration of justice and can be punished summarily without hearing.
What are the grounds for direct
contempt?
1) Misbehavior
in the presence of or near a court as to obstruct or interrupt the proceedings
2) Disrespect
towards the court
3) Offensive
personalities towards others
4) Refusal to
be shown or to answer as a witness or
5) Refusal to
subscribe an affidavit or deposition when lawfully required to do so. (Rule 71,
Sec 1)
What is the
penalty for direct contempt?
If committed against:
a. RTC or
a court of equivalent or higher rank – fine not exceeding
P2,000 or imprisonment not exceeding ten (10) days, or both
b. MTC – fine
not exceeding P200 or imprisonment not exceeding one (1) day, or both. (Rule 71, Sec 1)
What is the
nature of direct contempt proceedings?
It is summary in nature. Contempt committed may be
punished summarily without hearing. (Rule 71,
Sec 1)
May a person
adjudged in direct contempt appeal the order?
No. The
order of direct contempt is not appealable. (Rule 71,
Sec 2)
What is the
remedy therefrom?
Certiorari or prohibition if the judge acted with
grave abuse of discretion (Rule 71, Sec 2)
May the execution of the judgment be suspended?
Yes. The
execution of the judgment shall be suspended pending resolution of the petition
for certiorari or prohibition, provided the person held in direct contempt
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. (Rule 71, Sec 2)
0
Comments
