Steno Notes (12062021)

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Last meeting rule 70 and summ procedure? Yes

Tonight discuss rule 71 which is contempt

CONTEMPT
-Contempt is a defiance to authority and is also a disrespect or interfere and prejudice litigants
in the litigation
-that’s why we have the rule: parties and their counsel would want to maintain respect to the
authority
-Under RoC, authority is the court represented by the judge
-When judge is sitting before party, he is representing the court

Two forms of contempt?

1. Direct
2. Indirect

Direct contempt? (in the court itself)

Act committed in the presence of or so near the court or judge as to obstruct or interrupt the
proceedings before the same

There are DC not done in presence of judge but still held liable. IE in pleadings. Rule against
forum shopping, lies in statement and said no forum shopping when there already is a similar
case present.

Indirect Contempt?
One not committed in the presence of the court. It is an act done at a distance which tends to
belittle, degrade, obstruct, or embarrass the court and justice.

Under R71, judge cannot immediately cite a party in contempt if the party has not explained
reasons why not in contempt (party needs to be allowed to defend themselves)

EXAMPLE: non appearance, non compliance

Judge cannot issue an order declaring party or counsel who did not appear or did not comply
the order, without requiring to explain. There was a case where such is considered a blunder
when party left no opportunity to defend or explain.

Indirect Contempt
Alleged disobedience of the party is considered as an indirect contempt
-should always be a show cause order before citing party in contempt, otherwise judge is in
abuse of his/her contempt powers

What is indirect contempt?

One not committed in the presence of the court. It is an act done at a distance which tends to
belittle, degrade, obstruct, or embarrass the court and justice

Indirect because not in the presence of court/judge. Includes misbehavior or disrespect on court
officers (e.g. Sheriff issuing order and disrespect towards him is indirect contempt when in
official duties; Writ / Warrant of Arrest and resistance to such warrant is indirect contempt.)
-So officers of the court in performance of their official duties.
-Disrespect should directly impede or obstruct or degrade administration of justice
-By jurisprudence, falsified documents are considered contempt (ano daa? Direct or indirect?)

Requirements/requisites before guilty/conviction of Indirect Contempt

1. A Charge for IC must be filed (written)
2. Respondent should be given opportunity to comment to charge against him
3. Party should be given opportunity to be heard by himself (if lawyer) or by counsel.

How do you charge? (two ways)

1. A verified petition filed in court
2. By an order or any other charge requiring to show cause (Usually DC)

Read following cases:

● Rodriguez vs Blancaflor gr 190971 march 14 2011
● PDIC vs Philippine countryside rural development GR176438 jan 24 2011

Is there contempt against quasi judicial bodies? Yes

Quasi-judicial bodies are mini courts in government agencies (like inside BIR, SEC, DAR,
DoLE)

Contempt with quasi-judicial bodies is if the law grants the particular quasi-judicial body
contempt powers (meaning it depends on the law that created them)

-If no power, need to seek assistance of the actual courts. So, if no contempt power, they go to
court and file petition for contempt under R71
Another topic: Settlement of Estate

What is an Estate?
-Created when somebody dies. Estate is all properties left by the deceased whether real or
personal including bank deposits. All kinds of properties form part of the estate of the deceased
-We have a rule that once a person dies, his property, by law, the owner would be the legitimate
heirs.
-If A dies, wife and children becomes owner of the properties left behindon the day he died.
Under the law, they are required to settle the estate of their deceased father.

How to settle an estate?

1. Extrajudicial- Extrajudicial heirs agreeing amongst themselves as to how it is to be
divided (another separate subject). RoC not applied
2. Judicial- Judicial happens when no agreement is reached. Petition of judicial partition.
Jurisdiction of judicial settlement is the RTC and the venue is in any RTC where one of
the properties is located. If many properties (ex. baguio, Mkatai, Naga, Legazpi), choose
one. Settlement regardless contains all the properties and should be declared in the
petition for judicial partition

For Judicial Settlement of Estate: (another way sumth like that)

● If there is a will or testament left behind, go to court to file or petition to probate the
testament bc of the strict rules as to wills and testaments being made. Will can be written
or holographic. Holographic is handwritten ng gumawa ng will(?) (oo nga no hahaha)
● With a will, there goes executors and administrators
● Executors are those who read the will. Need to probate to prove that it was voluntarily
made and requirements in the law are complied with. Executor then comes in to read the
will and divide properties according to the contents of the will.
● Judicial Partition is no will and no agreement between the heirs (so no executor)

Guardianship
-file for petition for guardianship in case X and Y died, son is a minor. Guardian should be
appointed to manage minor’s property. Or for instance, demented since cannot decide on their
own will bc of their mental illnesses. (in short, lack of concrete agency)
-They are called administrators when they manage the property of these minors so to say

FILING A CASE (CIVIL CASE)

When you want to file a case, what is the first thing to do? (Ordinary Civil Action)
-Make or file a complaint with the proper court in assistance of your counsel, with sufficient
cause of action. (with filing, docket fees)
(the process)
-after all things, summons are served to the defendant as stated in the complaint (contains copy
of complaint and the allegations therein and a notice to file an answer)
-defendant then files an appropriate answer (cant file motion since dismissal should be included
as a defense)
-reply or comments can be made by the complainant/plaintiff
-pre trial-conference (Marking of exhibits) (Complaints and answers should have judicial
affidavits of parties and witnesses) (Compromise agreements can be obtained and should be
approved by court if ever. If none, then stipulation of facts so the issues can be limited. There is
also admissions. The admissions mean that these are no longer needed to be proven in actual
trial as the respondent admitted. Those not admitted are the ones that need proving) (Names
witnesses and dates for trial)
-trial (on dates agreed by the parties)
-decision (may be appealed by the unsatisfied party. Can also be both when decision is
incomplete even to winning party questioning only the incompleteness.) (Appeal always one
court above as a general rule: MTC to RTC to CA to SC, considering still their jurisdictions)
-Execution (executory when no appeals are made anymore. If continuous appeal, then upon
absence of further appeal or upon SC decision or after motion of reconsideration that is granted
or denied)

**Stipulation of facts to limit the issues.

**compromise agreements not *something* settlements
**Lower court will have a decision that may be appeal by unsatisfied party

Direct to SC if question of law and not of fact. If “of fact”, go to CA. Check jurisdiction
discussions/table.

● When appeal is made, always file for motion of reconsideration first as this is a remedy
and appeal requires no other available remedies prior to such appeal. However, rule 45
(appeal to certiorari- go to SC from CA, Sandiganbayan, RTC, etc but should only be
questions of law and only in 15 days since notice of judgement to appeal)

● Another appeal to SC in rule 65 which is on abuse of discretion or an act outside of

jurisdiction. End is either a new trial or reconsideration??

WHAT IF FILED IN SUMM PROC?

-similar only that initial procedures are different as would be present in the separate rules for
summ proc.

Baranggay Conciliation
-appearance only when all requirements for the cases are present.
-residents of same baranggay or different but same city or municipality (so if diff cities, then no
brgy proceedings and no need for certificate to file action)
-some cases needs the certification from baranggay before ordinary courts
-similarly, not all cases require the certification. Determine first the case and the requirements
-adjoining barangay but diff municipalities, then still go for brgy conciliation

YAHOO GOODNIGHT, 13th submit exam permit but u can take exam without it. Checking
withheld until submission of permits.

Coverage: only those discussed after midterms and those today and cases assigned earlier
Exam.net parin sadge