MCF No.

71
Motion to Cite for Direct
Contempt

Original – Court, 1st Copy – Plaintiff, 2nd Copy – Defendant, Other copies as needed
Enter information in block letters in all parts of the Form except when reserved for Court
use, which shall be completed by the Clerk.
For Court Use Only
(Judicial Region)

(Municipality/City/Province)

 METC/MTCC/MTC/MCTC
 RTC

BRANCH
Case No.
Plaintiff/
Petitioner , v.
Defendant/
Respondent

COUNSEL OR PARTY WITHOUT COUNSEL

Name
Firm Name
Address
Email Address
Tel./Cel./Fax Nos.
PTR No. Date/
Roll No. Place of Issue
IBP No.  Lifetime
 Date/Chapter

MCLE  Compliance
Exemption No.
Other Compliances
Counsel for
 Plaintiff/
Petitioner
 Defendant/
Respondent
 Other

MOTION TO CITE FOR DIRECT CONTEMPT

UNDER RULE 71

______________________________________________________
(name)

moves for the Court to summarily adjudge and punish

______________________ for direct contempt and states:
(name)

1. __________________________ is guilty of the following acts:

(name)
 misbehavior in the presence of or so near the court as to
obstruct or interrupt the proceedings before it;
 offensive personalities towards others;
 disrespect towards the court during the proceedings;
 refusal to be sworn or to answer as a witness, or to subscribe
an affidavit or deposition when lawfully required to do so;
  violation of the Rule on Forum Shopping (pursuant to Rule
7, Section 5); and/or
others ________________________________________.

 2. A judicial affidavit in support of(date)

the factual allegations is
attached as an annex.

PROOF OF SERVICE
A copy of this Motion was served upon:
Person’s Name Method Place Served Date Served
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Proof of such service is attached to this Motion as an Annex.

Date Party/Party’s Counsel Name and Signature

ORDER

After a review of the Motion, the same is

 granted. __________________ is found Guilty of Direct Contempt and is directed
to pay a fine of P___________ and/or be imprisoned for ____ days.
 denied.

Judge Date

SPECIAL INSTRUCTIONS

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 disrespect toward the court,
offensive personalities toward others, or 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 two
thousand pesos or imprisonment not exceeding ten (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 two hundred
pesos or imprisonment not exceeding one (1) day, or both, if it be a lower court. (Rule
71.1)

MOTION TO CITE IN DIRECT CONTEMPT page 2 of 2