RULE 71
CONTEMPT
Sec. 1. Direct contempt punished summarily.
A person guilty of misbehavior in the presence of or so near a court as to obstruct
or interrupt the proceedings before the same, including (1) disrespect toward the
court, (2) offensive personalities toward others, or (3) refusal to be sworn or to
answer as a witness, or to subscribe an affidavit or deposition when lawfully required to
do so, may be summarily adjudged in contempt by such court and punished by a fine
not exceeding P2,000 or imprisonment not exceeding 10 days, or both, if it be
a Regional Trial Court or a court of equivalent or higher rank, or by a fine not
exceeding P200 or imprisonment not exceeding 1 day, or both, if it be a lower
court.
Classifications of Contempt:
1. Direct – contempt in facie curiae, committed in the presence of or so near a
court or judge and can be punished summarily without hearing.
2. Indirect – not committed in the presence of the court and can be punished
only after hearing.
3. Constructive – Sec. 3
4. Criminal – conduct directed against the dignity or authority of the court. The
purpose of which is to vindicate public authority.
5. Civil – the failure to do something ordered by the court for the benefit of a
party. The purpose of which is to protect and enforce the civil rights and
remedies of the litigants.
The use of contemptuous language against a particular judge in pleadings
presented in another court or proceedings constitutes indirect contempt; if said
pleading is submitted before the same judge, it would be direct contempt.
It has been held that a contempt proceeding is in the nature of a criminal action and
the procedural and evidentiary rules in criminal action are applied as far as
applicable. Doubts should be resolved in favor of the person charged with contempt.
The rules governing criminal contempt proceedings are ordinarily inapplicable
to civil contempt proceedings. In the taxonomy of cases, however, they are
classified as special civil actions.
Sec. 2. Remedy therefrom.
The person adjudged in direct contempt by any court may not appeal therefrom,
but may avail himself of the remedies of certiorari and prohibition. The
execution of 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.
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:
1. Misbehavior of 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, 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;
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.
But nothing in this section shall be so construed as to prevent the court from issuing
the process to bring the respondent into court, or from holding him in custody pending
such proceedings.
Procedural Requisites for Indirect Contempt Proceedings. CO
1. Charge in writing or an order of the court to appear and explain;
2. Opportunity for the respondent to comment on the charge and to appear
and explain his conduct.
Where the contempt is based on the respondent’s refusal to vacate the land
despite a writ for his ejectment, the appeal from the contempt order necessarily
involves or carries with it an appeal from the order to vacate. However, the
perfection of the appeal from the contempt order will not prevent the execution of
the order of eviction unless the bond required by section 11, Rule 71, has been
seasonably filed.
Contempt by re-entry upon the land, under Sec. 3, Par. (b) of this Rule, is
punishable even if no party litigant is adversely affected, as the act constitutes a
defiance of the authority of the court. Such act of contempt is punishable even if it
takes place beyond 5 years from the execution of judgment of ejectment.
Sec. 4. How proceedings commenced.
Proceedings for indirect contempt may be initiated motu proprio by the court
against which the contempt was committed by order or any other formal charge
requiring the respondent to show cause why he should not be punished.
In all other cases, charges for indirect contempt shall be commenced by a (1)
verified petition with (2) supporting particulars and (3) certified true copies
of documents or papers involved therein, and upon (4) 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 should
be docketed, heard and decided separately, unless the court in its discretion
orders the consolidation of the contempt charges and the principal action for
joint hearing and decision.
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 RTC of such place in the
same manner as provided in section 11 of this Rule.
General Rule: The proceedings for indirect contempt shall be filed in and tried by the
court against which the contumacious conduct was committed.
Exceptions:
1. Indirect contempt committed against an inferior court which may also be filed
and tried by a RTC regardless of the imposable penalty;
2. Indirect contempt against the Supreme Court which it may cause to be
investigated by a prosecutor, with the corresponding charge to be thereafter
filed in and tried by a RTC, or for hearing and recommendation where the
charge involves questions of fact.
The Supreme Court, however, absent any factual controversy to be resolved or under
the res ipsa loquitur rule, may dispense with any referral and decide the case after
granting the respondent the opportunity to comment and appear, as it has done in
some cases of palpable contumely.
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.
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 P30,000 or imprisonment not exceeding 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 P5,000 or imprisonment not exceeding 1
month, or both. If the contempt consists in the violation of a writ of
injunction, TRO 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.
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.
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.

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.

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 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 from 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.

The imprisonment mentioned in Section 8 of this Rule is remedial in nature and

coercive in character. It relates something to be done by the respondent and by
doing the same he can obtain his discharge.

As in criminal cases, a judgment absolving a person charged with criminal contempt

or dismissing the contempt charged is not appealable, unless, as in criminal cases,
there has been no adjudication on the merits but only a dismissal on motion of the
person charged based on jurisdictional grounds; but these do not apply to civil
contempt and no appeal lies from the order finding the defendant guilty or
absolving him of the charge.

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 the by law to punish for contempt. The RTC of the place where the contempt has
been committed shall have jurisdiction over such charges as may be filed therefor.