Civil Procedure |UC Law
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RULE 71 - CONTEMPT
Direct Contempt
Grounds 1. Misbehavior in the presence of or
so near a court as to obstruct or
interrupt the proceedings;
2. 2. Disrespect towards the court;
3. 3. Offensive personalities toward
others; or
4. 4. Refusal to be sworn or to
answer as a witness, or to
subscribe an affidavit or
deposition when lawfully
required to do so (Sec. 1, Rule
71).
Where Committed in the presence of or so near
committed a court.
Nature of Summary in Nature
proceeding
How commenced No formal proceeding is required to cite a
person in direct contempt. The court
against which the contempt is directed
may summarily adjudge a person in direct
contempt (Sec. 1 Rule 71; Encinas v.
National Bookstore Inc., G.R. No. 162704,
July 28, 2005).
(independent action; must comply with
Indirect Contempt
1. Misbehavior of an officer of a court in the performance of his official
duties or in his official transactions;
2. Abuse or any unlawful interference with the proceedings not
constituting direct contempt;
3. Disobedience of or resistance to a lawful writ, process, order, or
judgment of a court or unauthorized intrusion to any real property
after being ejected;
4. Failure to obey a subpoena duly served;
5. Assuming to be an attorney or an officer of the court without
authority;
6. Rescue or attempted rescue, of a person or property in the custody of
an officer;
7. Any improper conduct tending to degrade the administration of
justice (Sec. 3, Rule 71).
Not committed in the presence of the court.
Punished after being charged and heard.
1. May be initiated motu proprio by the court against which the
contempt was committed by order or other formal charge by the
court requiring the respondent to show cause why he should not be
punished for contempt; or
NOTE: This procedure applies only when the indirect contempt is
committed against a court of judge possessed and clothed with contempt
powers.
2. By a verified petition with supporting particulars and certified true
copies of the necessary documents and papers (independent action;

Penalty The penalty for direct contempt depends
upon the court to which the act was
committed: 1. If the act constituting
direct contempt was committed against
an RTC or a court of equivalent or higher
rank, the penalty is a fine not exceeding
2,000 pesos or imprisonment not
exceeding 10 days, or both; 2. If the act
constituting direct contempt was
committed against a lower court, the
penalty is a fine not exceeding 200 pesos
or imprisonment not exceeding 1 day, or
both (Sec. 1, Rule 71); If the contempt
consists in the refusal or omission to do
an act which is yet within the power of
the respondent to perform, he may be
imprisoned by order of the court
concerned until he performs it.
Remedy The person adjudged in direct contempt
by any court may not appeal therefrom,
but may avail himself of the remedies of
special civil action of certiorari or
prohibition directed against the court,
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must comply with requirements of an initiatory pleadings) (Sec. 4,
Rule 71).
NOTE: 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 (Sec. 4, Rule
71).
The punishment for indirect contempt depends upon the level of the court
against which the act was committed:
1. Where the act was committed against an RTC or a court of equivalent
or higher rank, he may be punished by a fine not exceeding Php
30,000 or imprisonment not exceeding 6 months, or both;
2. Where the act was committed against a lower court, he may be
punished by a fine not exceeding 5,000 pesos or imprisonment not
exceeding one month, or both.
Aside from the applicable penalties, 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 (Sec. 7, Rule 71);
Where the act was committed against a person or entity exercising
quasi-judicial functions, the penalty imposed shall depend upon the
provisions of the law which authorizes a penalty for contempt against
such persons or entities.
Appeal (by notice of appeal)
The person adjudged in indirect contempt may appeal from the judgment or
final order of the court in the same manner as in criminal cases. The appeal
will not however have the effect of suspending the judgment if the person
adjudged in contempt does not file a bond in an amount fixed by the court
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Alden & Padrigo | 2JD

which adjudged him in direct contempt from which the appeal is taken. This bond is conditioned upon his
(Sec. 2, Rule 71). performance of the judgment or final order if the appeal is decided against
Pending the resolution of the petition for him (Sec. 11, Rule 71).
certiorari or prohibition, the execution of
the judgment shall be suspended,
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. 2, Rule 7; Canada v. Suerte, 474
SCRA 379