Monthly Archives: January 2012

Willful failure to pay just debts by a public official a ground for disciplinary actions?

Posted on January 15, 2012 by Erineus

Upon evaluation of the verified complaint and the comment thereon, Deputy Court Administrator Zenaida N. Elepaño recommended that the respondent be reprimanded and severely warned to be more circumspect in the conduct of her activities as a court employee, and … Continue reading →

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Requisites prior to conviction of indirect contempt

Posted on January 12, 2012 by Erineus

Soriano argues herein that there must be prior notice and hearing before he could be held liable for indirect contempt, and that no hearing was conducted as to the contempt charge.[19] This contention has merit. There are two kinds of … Continue reading →

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The power to punish for contempt must be exercised on the preservative, not vindicative principle, and on the corrective and not retaliatory idea of punishment.

Posted on January 12, 2012 by Erineus

In the first place, there was nothing contumacious in the submission to the court of a motion for approval of compromise agreement reached before a barangay captain in a case pending before the court.  It is not required that a … Continue reading →

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The person adjudged in direct contempt by any court may not appeal therefrom, but may avail himself of the remedies of certiorari or prohibition

Posted on January 12, 2012 by Erineus

Rule 71 of the Rules of Court provides: SECTION.  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 … Continue reading →

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The power to punish for contempt and the power to disbar are separate and distinct, and that the exercise of one does not exclude the exercise of the other

Posted on January 12, 2012 by Erineus

We note that the ground cited in the motion to cite Atty. Quevedo in contempt of court was his violation of Canon 12 and Rule 12.04 of the Code of Professional Responsibility.  While a lawyer’s violation of his duties as … Continue reading →

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