Category Archives: Contempt

Whether NLRC has contempt power and whether the dismissal of a contempt charge is appealable?

On the first issue, we stress that under Article 218[22] of the Labor Code, the NLRC (and the labor arbiters) may hold any offending party in contempt, directly or indirectly, and impose appropriate penalties in accordance with law. The penalty … Continue reading

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Requisites prior to conviction of indirect contempt

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.

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

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

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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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 … Continue reading

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Contemptuous statements made in pleadings filed with the court constitute direct contempt

A pleading containing derogatory, offensive or malicious statements submitted to the court or judge wherein proceedings are pending is considered direct contempt.   “[C]ontemptuous statements made in pleadings filed with the court constitute direct contempt.”[27] “[A] pleading x x x containing … Continue reading

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