INDIRECT CONTEMPT
Rule 71
SEC. 3. Indirect contempt to be punished after charge and hearing.-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:
(a) Misbehavior of an officer of a court in the performance of his official duties
or in his official transactions;
(b) 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;
(c) 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;
(d) Any improper conduct tending, directly or indirectly, to impede, obstruct, or
degrade 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 a subpoena duly served;
(g) 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.
But nothing in this section shall be so construed as to prevent the court from issuing
process to bring the respondent into court, or from holding him in custody pending
such proceedings. (3a)
SEC. 4. How proceedings commenced.-Proceedings for indirect contempt
may be initiated motu proprio by the court against which the contempt was
committed by an order or any other formal charge requiring the respondent to show
cause why he should not be punished for contempt.
In all other cases, charges for indirect contempt shall be commenced 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. 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 said 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. (n)
SEC. 5. Where charge to be filed.-Where the charge for indirect contempt
has been committed against a Regional Trial Court or a court of equivalent or
higher rank, or against an officer appointed by it, the charge may be filed with such
court. Where such contempt has been committed against a lower court, the charge
may be filed with the Regional Trial Court of the place in which the lower court is
sitting; but the proceedings may also be instituted in such lower court subject to
appeal to the Regional Trial Court of such place in the same manner as provided in
section 2 of this Rule. (4a)
SEC. 6. Hearing; release on bail.-If the hearing is not ordered to be had
forthwith, the respondent may be released from custody upon filing a bond, in an
amount fixed by the court, for his appearance at the hearing of the charge. On the
day set therefor, the court shall proceed to investigate the charge and consider
such comment, testimony or defense as the respondent may make or offer. (5a)
SEC. 7. Punishment for indirect contempt.-If the respondent is adjudged
guilty of indirect contempt committed against a Regional Trial Court or a court of
equivalent or higher rank, he may be punished by a fine not exceeding thirty
thousand pesos or imprisonment not exceeding six (6) months, or both. If he is
adjudged guilty of contempt committed against a lower court, he may be punished
by a fine not exceeding five thousand pesos or imprisonment not exceeding one (1)
month, or both. If the contempt consists in the violation of a writ of injunction,
temporary restraining order or status quo order, he may also be ordered to make
complete restitution to the party injured by such violation of the property involved or
such amount as may be alleged and proved.
The writ of execution, as in ordinary civil actions, shall issue for the
enforcement of a judgment imposing a fine unless the court otherwise provides.
(6a)
SEC. 8. Imprisonment until order obeyed.-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.
(7a)
SEC. 9. Proceeding when party released on bail fails to answer.-When a
respondent released on bail fails to appear on the day fixed for the hearing, the
court may issue another order of arrest or may order the bond for his appearance to
be forfeited and confiscated, or both; and, if the bond be proceeded against, the
measure of damages shall be the extent of the loss or injury sustained by the
aggrieved party by reason of the misconduct for which the contempt charge was
prosecuted, with the costs of the proceedings, and such recovery shall be for the
benefit of the party injured. If there is no aggrieved party, the bond shall be liable
and disposed of as in criminal cases. (8a)
SEC. 10. Court may release respondent.-The court which issued the order
imprisoning a person for contempt may discharge him from imprisonment when it
appears that public interest will not be prejudiced by his release. (9a)
SEC. 11. Review of judgment or final order; bond for stay.-The judgment
or final order of a court in a case of indirect contempt may be appealed to the
proper court as in criminal cases. But execution of the judgment or final order shall
not be suspended until a bond is filed by the person adjudged in contempt, in an
amount fixed by the court front which the appeal is taken, conditioned that if the
appeal be decided against him he will abide by and perform the judgment or final
order. (10a)
SEC. 12. Contempt against quasi-judicial entities.- Unless otherwise
provided by law, this Rule shall apply to contempt committed against persons,
entities, bodies or agencies exercising quasi-judicial functions, or shall have
suppletory effect to such rules as they may have adopted pursuant to authority
granted to them by law to punish for contempt. The Regional Trial Court of the
place wherein the contempt has been committed shall have jurisdiction over such
charges as may be filed therefor. (n)
