Definition of contempt of court and its classes

For his obstinacy in refusing to respect a final and executory judgment, we hold Atty. Quevedo in contempt of court.

Contempt of court is disobedience to the court by acting in opposition to its authority, justice and dignity. It signifies not only a willful disregard or disobedience of the court’s orders but also conduct tending to bring the authority of the court and the administration of law into disrepute or, in some manner, to impede the due administration of justice.[11] Under the Rules of Court, contempt is classified into either direct or indirect contempt. Direct contempt is committed in the presence of or so near a court or judge as to obstruct or interrupt the proceedings before the same.[12] Indirect contempt is one not committed in the presence of a court.[13] It is an act done at a distance which tends to belittle, degrade, obstruct or embarrass the court and justice.[14]

Atty. Quevedo should be sanctioned for indirect contempt. Indirect contempt is committed by a person who commits the following acts, among others: disobedience or resistance to a lawful writ, process, order or judgment of a court;[15] any abuse of or any unlawful interference with the processes or proceedings of a court not constituting direct contempt;[16] and any improper conduct tending, directly or indirectly, to impede, obstruct or degrade the administration of justice.[17]

http://sc.judiciary.gov.ph/jurisprudence/2005/aug2005/158971.htm

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About Erineus

Born on December 28, 1965, Surallah, South Cotabato, Southern Mindanao, Philippines.
This entry was posted in Contempt, Judicial and Legal Ethics and tagged . Bookmark the permalink.

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