RULE 62 | INTERPLEADER

HYPOTHETICAL SITUATION
Robert is leasing a building owned by Joe the lessor. Joe died.
So, Robert does not know to whom should he pay the monthly
rentals for the following month because he only knew the lessor.

The following month, Francesca came to Pao and said, “From

now on, you pay the rentals to me because I am the widow of
Joe. I am now the owner of this building.” The following day,
another woman in the name of Olivia came to Robert and said,
“I am the wife of Joe so from now on, you pay the rentals to me.”
CASE IN POINT
A lessee in doubt as to which of the claimants was entitled to the
rent can protect himself from the danger of making payments to
the wrong person by requiring the contesting claimants to
interplead. (De Jesus v. La Sociedad Arrendateria, 23 Phil. 76)
INTERPLEADER, DEFINED
The special civil action of interpleader is a remedy
whereby a person who has personal or real property in his
possession, or an obligation to render wholly or partially,
without claiming any right to either, comes to court and
asks that the person who claim the said personal property
or real property or who consider themselves entitled to
demand compliance with the obligation, be required to
litigate among themselves in order to determine finally
who is entitled to one or the other thing. [Wack Wack Golf
& Country Club, Inc. v. Won (1976)]
PURPOSE OF INTERPLEADER

The remedy is afforded not to protect a person

against double liability but to protect him against
double vexation in respect of one's liability (Beltran
v. People's Homesite, G.R. No. L-25138, August 28,
1969)
ILLUSTRATIVE CASE

Chris deposited his goods to Vince in a contract of deposit and the

depositary issued a negotiable warehouse receipt. Later on, Angel came
to Vince claiming that she (Angel) is now the holder of the warheouse
receipt because it has been indorsed to her. According to Chris, "No! I
never indorsed it and the signature there is falsified; that the document
was stolen from me and therefore Rayda is not the owner!" According to
Angel, "No! The receipt has been validly indorsed to me!"

Vince is now faced with two conflicting claimants. Who is telling the truth?
What should Vince do?
WHO MAY AVAIL OF INTERPLEADER?

Any person who, without claiming any right thereto:

1. Possesses personal or real property; or
2. Has an obligation to render wholly or partially
without claiming any right thereto.

Note: The person who may avail of interpleader is also

referred to as stakeholder.
WHO IS A STAKEHOLDER?

Stakeholder is a person entrusted with the property

or money that is subject of litigation on contention
between rival claimants in which the holder has no
right or property interest.
WHO MAY AVAIL OF INTERPLEADER?

Any person who, without claiming any right thereto:

1. Possesses personal or real property; or
2. Has an obligation to render wholly or partially
without claiming any right thereto.

Can a corporation file for an action of interpleader?

Yes. In the case of Wack Wack Golf and Country Club
v. Won, it can be inferred that a corporation can avail
of an action of interpleader. Hence, when it says any
person, it includes both natural and juridical persons.
WHO ARE THE DEFENDANTS?

1. Two or more persons who claim the property in the

possession of the plaintiff; OR
2. Two or more persons who consider themselves
entitled to demand compliance with the obligation
against the plaintiff.
What is the subject matter of interpleader?

1. Property whether personal or real;

2. An obligation to be rendered wholly or partially
WHEN MAY AN ACTION IN
INTERPLEADER BE FILED?
 Wack Wack Golf & Country Club v. Won
70 SCRA 165 [1976]

Facts: Wack Wack Golf and Country Club filed a complaint for interpleader
against Won and Tan who both claim ownership over Membership Fee
Certificate No. 201.

Won claims its ownership stemming from a decision rendered in Civil Case
26044 entitled "Lee E. Won alias Ramon Lee vs. Wack Wack Golf & Country
Club, Inc."

Tan claims ownership from the assignment made by the alleged true owner of
the same certificate.

The trial court dismissed the complaint on the ground of res judicata by reason
of the previous civil case that issued Won the right to the certificate. Hence,
the appeal.
 Wack Wack Golf & Country Club v. Won
70 SCRA 165 [1976]

An action in interpleader should be filed within a

reasonable time after a dispute has arisen
without waiting to be sued by either of the
contending claimants. Otherwise, he may be
barred by laches or undue delay, or if a
judgment has already been obtained by one
claimant, then the plaintiff in an action for
interpleader becomes liable to the latter.
What courts have jurisdiction in
interpleader actions?

Subject matter of the Municipal Trial Court Regional Trial Court

action
Personal Property Not more than P300,000 More than P300,000
MM: Not more than MM: More than
P400,000 P400,000

Real Property Not more than P20,000. More than 20,000.

MM: Not more than MM: More than
P50,000 P50,000.
 SECTION 1, RULE 62

Section 1. When interpleader proper. — Whenever

conflicting claims upon the same subject matter
are or may be made against a person who claims
no interest whatever in the subject matter, or an
interest which in whole or in part is not disputed by
the claimants, he may bring an action against the
conflicting claimants to compel them to interplead
and litigate their several claims among themselves.
REQUISITES

1. The plaintiff claims no interest in the subject matter

or his interest is not disputed;
2. There are at least two or more conflicting claimants
upon the same subject matter;
3. The parties to be interpleaded must make effective
claims;
4. The subject matter must be one and the same.
 WHETHER AN ACTION FOR
INTERPLEADER IS PROPER OR NOT
 WHEN PROPER OR NOT
1. A bank may file a complaint for interpleader against the
payee of a cashier's check which has been lost and the
other claimant who is demanding payment thereon.

2. In an action where one of the defendants had earlier sued

the plaintiff and secured a judgment against him which
has already become final.

3. In a case where petitioner's father, aunt and uncles co-

owned the land, and thereafter sold and the land,
petitioners aver that there is a conflict among the heirs of
the co-owner.
 WHEN PROPER OR NOT

Miguel executed a chattel mortgage in favor of Gregorio. Later,

Miguel executed another chattel mortgage on the same
property in favor of Filadelfo. Gregorio requested the sheriff to
sell at public auction the mortgaged property. This led Filadelfo
to present an adverse claim, alleging that the property on which
the chattel mortgage was given had been sold long before the
chattel mortgage in his favor was executed and therefore, the
earlier chattel mortgage was of no effect.

ISSUE: Can the sheriff suspend the proceedings and file an action
for interpleader?
 WHEN PROPER OR NOT
1. In an action where defendants have conflicting
claims against the plaintiff.

2. Where the occupants of two different parcels of

land adjoining each other belonging to two
separate plaintiffs, but on which the occupants had
constructed a building encroaching upon both
parcels of land, faced two ejectment suits from the
plaintiffs, each plaintiff claiming the right of
possession and recovery over his respective portion
of the lands encroached upon.
 WHEN PROPER OR NOT

1. Improper in an action where defendants have conflicting claims against

the plaintiff.

2. Where the occupants of two different parcels of land adjoining each

other belonging to two separate plaintiffs, but on which the occupants
had constructed a building encroaching upon both parcels of land,
faced two ejectment suits from the plaintiffs, each plaintiff claiming the
right of possession and recovery over his respective portion of the lands
encroached upon, this Court held that the occupants could not properly
file an interpleader suit, against the plaintiffs, to litigate their alleged
conflicting claims; for evidently, the two plaintiff did not have any
conflicting claims upon the same subject matter against the occupants,
but were enforcing separate and distinct claims on their respective
properties.
 SECTION 2, RULE 62

Section 2. Order. — Upon the filing of the complaint,

the court shall issue an order requiring the
conflicting claimants to interplead with one
another. If the interests of justice so require, the
court may direct in such order that the subject
matter be paid or delivered to the court.
When the court orders that the claimants litigate
among themselves, there arises in reality a new action
and the former are styled interpleaders, and in such a
case the pleading which initiates the action is called a
complaint of interpleader and not a cross complaint.
(Alvarez v. Commonwealth, 1938)
Summons; Order to interplead
1. Summons shall be served upon the conflicting claimants.
Also served together with the summons is a copy of the
complaint and the order. (Sec.3)
2. The order refers to the order requiring the conflicting
claimants to interplead with one another. This order shall be
issued upon the filing of the complaint. (Sec.2)
3. Aside from the order requiring the claimants to interplead
with one another, the court may include in the order a
direction that the subject matter of the action be paid or
delivered to the court. Such direction shall be made if the
interest of justice so requires. (Sec. 2)
 Section 4. Motion to Dismiss.

Within the time for filing an answer, each claimant may

file a motion to dismiss on the ground of impropriety of
the interpleader action or on other appropriate
grounds specified in Rule 16. The period to file the
answer shall be tolled and if the motion is denied, the
movant may file his answer within the remaining period,
but which shall not be less than five (5) days in any
event, reckoned from notice of denial.
Motion to Dismiss | grounds

1. Impropriety of the interpleader action

2. other appropriate grounds specified in Rule 16

Other appropriate grounds specified in
Rule 16:
(a) That the court has no
jurisdiction over the person of the
defending party;
(b) That the court has no
jurisdiction over the subject
matter of the claim;
(c) That venue is improperly laid;
(d) That the plaintiff has no legal
capacity to sue;
(e) That there is another action
pending between the same
parties for the same cause;
(f) That the cause of action is barred
by a prior judgment or by the statute
of limitations;
(g) That the pleading asserting the
claim states no cause of action;
(h) That the claim or demand set
forth in the plaintiff's pleading has
been paid, waived, abandoned, or
otherwise extinguished;
(i) That the claim on which the action
is founded is enforceable under the
provisions of the statute of frauds;
(j) That a condition precedent for
filing the claim has not been
complied with.
Motion to Dismiss

When to file?
Within the time for filing an answer (15 days
from service of summons)

What is the effect of filing a motion to dismiss?

The period to file an Answer will be tolled.
Effect of denial of Motion to Dismiss

The movant may file his answer within the remaining

period, but which shall not be less than five (5) days in
any event, reckoned from notice of denial.
 ILLUSTRATION

MOTION TO SEPTEMBER 18
COMPLAINT IS DISMISS LAST DAY TO
FILED ON DENIED FILE THE
SEPTEMBER 1 SEPTEMBER 5 ANSWER

SEPTEMBER 3 SEPTEMBER 16
MOTION TO LAST DAY TO
DISMISS FILED FILE THE
ANSWER
 ILLUSTRATION #2

MOTION TO SEPTEMBER 19
COMPLAINT IS DISMISS LAST DAY TO
FILED ON DENIED FILE THE
SEPTEMBER 1 SEPTEMBER 14 ANSWER

SEPTEMBER 13 SEPTEMBER 16
MOTION TO LAST DAY TO
DISMISS FILED FILE THE
ANSWER
Section 5. Answer and Other Pleadings.

Each claimant shall file his answer setting forth his claim
within fifteen (15) days from service of the summons
upon him, serving a copy thereof upon each of the
other conflicting claimants who may file their reply
thereto as provided by these Rules. If any claimant fails
to plead within the time herein fixed, the court may, on
motion, declare him in default and thereafter render
judgment barring him from any claim in respect to the
subject matter.
Answer and Other Pleadings
What is the period within which to What is the effect if the claimant
file an answer? fails to file the answer within 15
days?

Within fifteen days from service The court may, on motion,

of the summons upon him. declare him in default and
thereafter render judgment
barring him from any claim in
respect to the subject matter.
Other Pleadings

1. counterclaims,
2. cross- claims,
3. third-party complaints and
4. responsive pleadings thereto.
Bank of Commerce vs Planters Devt. Bank
(2012)

Interpleader is a civil action made special by the existence of

particular rules to govern the uniqueness of its application and
operation. Under Rule 6 Section 2, of the Rules of Court,
governing ordinary civil actions, a party’s claim is asserted “In a
complaint, counterclaim, cross-claim, third-party complaint, or
complaint in intervention.”

In an interpleader suit, a claim is not required to be contained in

any of these pleadings but in the answer-(of the conflicting
claimants)-in-interpleader. This claim is different from the counter-
claim (or cross-claim, third party-complaint) which is separately
allowed under Section 5, par. 2 of Rule 62.
Section 7. Docket and other lawful fees,
costs and litigation expenses as liens.
The docket and other lawful fees paid by the party who
filed a complaint under this Rule, as well as the costs
and litigation expenses, shall constitute a lien or
change upon the subject matter of the action, unless
the court shall order otherwise.
What is the treatment of docket and other
lawful fees, costs and litigation expenses?

It shall constitute as a lien or charge on the subject

matter of the action unless the court shall order
otherwise.
 Bank of Commerce vs Planters Devt. Bank
By constituting a lien on the subject matter of the action, Section 7 in effect
only aims to actually compensate the complainant-in-interpleader, who
happens to be the stakeholder unfortunate enough to get caught in a
legal crossfire between two or more conflicting claimants, for the faultless
trouble it found itself into.

Since the defendants-in-interpleader are actually the ones who make a

claim - only that it was extraordinarily done through the procedural device
of interpleader - then to them devolves the duty to pay the docket fees
prescribed.
OUTLINE OF THE
PROCEDURE
 Docket fees
Service of and expenses
COMPLAINT summons, shall be
IS FILED with copies of included in
IN COURT the complaint PRE-TRIAL the judgment

Court to order Claimants Court to

the parties to may file either determine the
interplead and an answer or rights of the
the subject a motion to parties and
matter be dismiss adjudicate
delivered to their claims
court
Contempt of Court
Rule 71
Contempt of Court
Contempt of Court is a 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 such
conduct as tends 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.
Nature
The power to punish for contempt is inherent in all
courts; its existence is essential to the preservation of
order in judicial proceedings and to the enforcement
of judgments, orders and mandates of the courts, and,
consequently, to the due administration of justice.
Purpose
The exercise of the power to punish for contempt has a
dual aspect –
Ø The proper punishment of the guilty party for his disrespect
to the court, and,

ØThe compulsory performance of some act or duty required

of him by the court and which he refuses to perform.
Classes of Contempt of Court
• As to nature
ØCriminal Contempt
ØCivil Contempt
• As to manner of commission
ØDirect Contempt
ØIndirect Contempt
Classes of Contempt of Court
• As to nature:
• CRIMINAL CONTEMPT – conduct directed against the
authority and dignity of a court or of a judge acting
judicially, as in unlawfully assailing or discrediting the
authority and dignity of the court or judge, or in doing a duly
forbidden act. (Intent is a necessary element)

• CIVIL CONTEMPT – consists in failing to do something ordered

to be done by a court or a judge in a civil case for the
benefit of the opposing party therein. (Intent is immaterial)
Criminal Contempt vs. Civil Contempt
Criminal Contempt
As to the Purpose for To preserve the court’s
which the Power is authority and to punish for
Exercised disobedience of its orders
As to intent Intent is material.
As to the Character In general, criminal
of the Contempt contempt proceedings
Proceeding should be conducted in
accordance with the
principles and rules
applicable to criminal
cases, in so far as such
procedure is consistent with
the summary nature of
contempt proceedings.
Civil Contempt
To provide a remedy for an
injured suitor and to coerce
compliance with an order
Intent is immaterial.
Generally held to be
remedial and civil in their
nature. The rules of
procedure governing
criminal contempt
proceedings, or criminal
prosecutions, ordinarily are
inapplicable to civil
contempt proceedings.
Classes of Contempt of Court
• As to manner of commission:
• DIRECT CONTEMPT – enumerated in Section 1 of Rule 71;
may be punished summarily.

• INDIRECT CONTEMPT – enumerated in Section 3 of Rule 71;

may be punished only after written charge and due
hearing.
 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 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. (1a)
Acts constituting direct contempt:
Misbehavior in the presence of or so near a court as to
obstruct or interrupt the proceedings before the same,
including:

1. Disrespect toward the court;

2. Offensive personalities toward others;
3. Refusal to be sworn or to answer as a witness, or to
subscribe an affidavit or deposition when lawfully
required to do so.
 People vs. Felix (1984)
Before the victim Marlene went to the witness stand,
she slapped one of the accused, her ex-partner
Carmelo Felix. The court said that she would have
slapped all of the accused if it were not for its
intervention in holding her in direct contempt of court
and imposing a fine as penalty.
 Cruz vs. Gingoyon (2011)
A pleading containing derogatory, offensive or
malicious statements submitted to the court or judge
wherein proceedings are pending is considered direct
contempt. It is considered to be equivalent to
misbehavior committed in the presence of or so near a
court or judge as to interrupt the proceedings before
the same within the meaning of Rule 71, of the Rules of
Court.
Penalty for Direct Contempt
The penalty for direct contempt depends upon the
court against which the act was committed.
ØIf the act was committed against Regional Trial Court or a
court of equivalent or higher rank:
• a fine not exceeding two thousand pesos or imprisonment not
exceeding ten (10) days, or both.

ØIf the act was committed against a lower court:

• a fine not exceeding two hundred pesos or imprisonment not
exceeding one (1) day, or both.
 Section 2. Remedy therefrom.
The person adjudged in direct contempt by any court
may not appeal therefrom, but may avail himself of the
remedies of certiorari or prohibition. The execution of
the judgment shall be suspended pending resolution of
such petition, 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.
 Cruz vs. Judge Gingoyon
(G.R. No. 170404)

Petitioner Cruz’ Ex-Parte Motion was properly denied

there being no proof that he already filed a petition for
certiorari.
In fact, it was only after filing the Ex- Parte Motion with
respondent court that petitioner filed the Petition for
Certiorari with the Supreme Court.
Unless petitioner has shown proof of filing said petition
for certiorari, he cannot avail of the remedy provided in
Section 2, Rule 71 of the Rules of Court.
INDIRECT CONTEMPT (Section 3 and 4)
Indirect contempt or constructive contempt is
that which is committed out of the presence of
the court. Re: Conviction of Judge Adoracion G.
Angeles, RTC, Br. 121, Caloocan City in Crim. Cases Q-
97-69655 to 56 for Child Abuse, 567 Phil. 189, 203-204
(2008).
Section 3. Indirect contempt to be
punished after charge and hearing.
After a charge in writing has been filed, and an
opportunity given to the respondent to comment
thereon within such period as may be fixed by the
court and to be heard by himself or counsel, a person
guilty of any of the following acts may be punished for
indirect contempt;
Section 3. Indirect contempt to be
punished after charge and hearing.
(a)Misbehavior of an officer of a court in the performance of his
official duties or in his official transactions;
(b) Disobedience of or resistance to a lawful writ, process, order,
or judgment of a court, including the act of a person who, after
being dispossessed or ejected from any real property by the
judgment or process of any court of competent jurisdiction,
enters or attempts or induces another to enter into or upon such
real property, for the purpose of executing acts of ownership or
possession, or in any manner disturbs the possession given to the
person adjudged to be entitled thereto;
(c) Any abuse of or any unlawful interference with the processes
or proceedings of a court not constituting direct contempt under
section 1 of this Rule;
Section 3. Indirect contempt to be
punished after charge and hearing.

(d) Any improper conduct tending, directly or indirectly,

to impede, obstruct, or degrade the administration of
justice;
(e) Assuming to be an attorney or an officer of a court,
and acting as such without authority;
(f) Failure to obey a subpoena duly served;
(g) The rescue, or attempted rescue, of a person or
property in the custody of an officer by virtue of an
order or process of a court held by him.
The procedural requisites before the accused
may be punished for indirect contempt

First, there must be an order requiring the respondent to

show cause why he should not be cited for contempt.
Second, the respondent must be given the opportunity
to comment on the charge against him.

Third, there must be a hearing and the court must

investigate the charge and consider respondent's
answer.
Finally, only if found guilty will respondent be punished
accordingly. The law requires that there be a charge in
writing, duly filed in court, and an opportunity given to
the person charged to be heard by himself or
counsel. What is most essential is that the alleged
contemner be granted an opportunity to meet the
charges against him and to be heard in his
defenses. This is due process, which must be observed
at all times. (Lorenzo vs Jurado, Jr April 25, 2012)
Indirect contempt to be punished after
charge and hearing.

When can the respondent be punished for indirect

contempt?
üAfter a charge in writing has been filed
üAfter an opportunity given to the respondent to
comment
üAfter hearing as ordered by the court
When should be the comment filed?
Within such period as may be fixed by court
Grounds of indirect contempt
a) Misbehavior of an officer of a court in the performance
of his official duties or in his official transactions;

b) Disobedience of or resistance to a lawful writ, process,

order, or judgment of a court, including the act of a person
who, after being dispossessed or ejected from any real
property by the judgment or process of any court of
competent jurisdiction, enters or attempts or induces
another to enter into or upon such real property, for the
purpose of executing acts of ownership or possession, or in
any manner disturbs the possession given to the person
adjudged to be entitled thereto;
c) Any abuse of or any unlawful interference with the
processes or proceedings of a court not constituting
direct contempt under section 1 of this Rule;
d) Any improper conduct tending, directly or indirectly,
to impede, obstruct, or degrade the administration of
justice;
e) Assuming to be an attorney or an officer of a court,
and acting as such without authority;
f) Failure to obey a subpoena duly served;

g) The rescue, or attempted rescue, of a person or

property in the custody of an officer by virtue of an
order or process of a court held by him
Can the respondent be held by the
court pending the proceedings?
Yes. The court may issue process to bring the
respondent into court, or from holding him in custody
pending such proceedings.
Section 4. How proceedings commenced.

Proceedings for indirect contempt may be initiated motu propio by the court
against which the contempt was committed by an order or any other formal
charge requiring the respondent to show cause why he should not be
punished for contempt.

In all other cases, charges for indirect contempt shall be commenced by a

verified petition with supporting particulars and certified true copies of
documents or papers involved therein, and upon full compliance with the
requirements for filing initiatory pleadings for civil actions in the court
concerned. 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. (n)
2 modes of commencing a proceeding for
indirect contempt
1. By order or other formal charge by the court requiring
the respondent to show cause why he should not be
punished for contempt (motu proprio); or
2. By a verified petition with supporting particulars and
certified true copies of the necessary documents and
papers (independent action) (Sec. 4).
Re: Show cause order in the decision dated May 11, 2018 in G.R. No. 237428
(Republic of the Philippines, represented by Solicitor General Jose C. Calida v.
Maria Lourdes P.A. Sereno) A.M No. 18-06-01-SC. July 17, 2018

The Sub Judice Rule restricts comments and disclosures

pertaining to the judicial proceedings in order to avoid
prejudging the issue, influencing the court, or
obstructing the administration of justice. A violation of
this rule may render one liable for indirect contempt
under Sec. 3(d), Rule 71 of the Rules of Court.
How to Invoke Sub Judice Rule
The "clear and present danger" rule means that the evil
consequence of the comment must be "extremely
serious and the degree of imminence extremely high"
before an utterance can be punished. There must exist
a clear and present danger that the utterance will
harm the administration of justice. Freedom of speech
should not be impaired through the exercise of the
power of contempt of court unless there is no doubt
that the utterances in question make a serious and
imminent threat to the administration of justice. It must
constitute an imminent, not merely a likely, threat.
(P/Supt. Marantan v. Atty. Diokno, et al.
(2014)
HDL DEVELOPMENT CORPORATION VS SEMIRARA
MINING CORPORATION (2016)

[I]t is settled that an act to be considered

contemptuous must be clearly contrary or prohibited
by the order of the court. “A person cannot, for
disobedience, be punished for contempt unless the act
which is forbidden or required to be done is clearly and
exactly defined, so that there can be no reasonable
doubt or uncertainty as to what specific act or thing is
forbidden or required.” The acts of complainant in the
case at bar is not contrary or clearly prohibited by the
order of the court
Section 5. Where charge to be filed.
Where the charge for indirect contempt has been committed
against a Regional Trial Court or a court of equivalent or higher
rank, or against an officer appointed by it, the charge may be
filed with such court. Where such contempt has been committed
against a lower court, the charge may be filed with the Regional
Trial Court of the place in which the lower court is sitting; but the
proceedings may also be instituted in such lower court subject to
appeal to the Regional Trial Court of such place in the same
manner as provided in section 11 of this Rule.
 Sec. 5 Where charge to be filed
Committed
Charge against Where filed Appeal

RTC or court of
equivalent or
Within the same
higher in rank or
court Sec. 11
officer appointed
by it
Indirect
Contempt
RTC
Lower Court
RTC
Lower Court
(Sec. 11)
Section 6. Hearing; release on bail.
If the hearing is not ordered to be had forthwith, the respondent
may be released from custody upon filing a bond, in an amount
fixed by the court, for his appearance at the hearing of the
charge. On the day set therefor, the court shall proceed to
investigate the charge and consider such comment, testimony
or defense as the respondent may make or offer.
 Hearing; Release on Bail

Immediately No bail Not released

conducted required on bail
Hearing for
contempt
Not May be Hearing
immediately File bond released on proper
conducted bail
 Hearing; Release on Bail
Hearing not immediately
conducted
Day of hearing
• Court shall investigate the charge
• consider comment, testimony or
defense made or offered by
respondent

Filing of a bond
• Amount: fixed by court
• Purpose: for his appearance at the
hearing of the charge
Hearing; Release on Bail
For the court to acquire jurisdiction, it is required that:
1. Charge was filed against petitioner
2. Copy served upon them
3. Given opportunity to answer

Effect if not followed:

• tantamount to denial of due process
• which may be considered as a grave abuse of
discretion (Esparagoza v. Tan, 1954 and Regalado v. Go, 2007)
Hearing; Release on Bail
The court may motu proprio instate proceedings for
contempt

• Such power is necessary for the court’s own protection

against improper interference with the due
administration of justice

• Not dependent upon the complaint of the parties

litigant (Teehankee v. Director of Prisons, 1946)
Hearing; Release on Bail
Formal information by the Prosecuting Officer not required
to begin proceedings

• Institution of charges by the prosecuting officer is not

required to hold persons guilty of criminal contempt
• Charge may be made by fiscal, judge or private
person (Nazareno v. Barnes, 1985)
Section 7. Punishment for indirect contempt

If the respondent is adjudged guilty of indirect contempt committed against a

Regional Trial Court or a court of equivalent or higher rank, he may be
punished by a fine not exceeding thirty thousand pesos or imprisonment not
exceeding six (6) months, or both. If he is adjudged guilty of contempt
committed against a lower court, he may be punished by a fine not
exceeding five thousand pesos or imprisonment not exceeding one (1)
month, or both. If the contempt consists in the violation of a writ of injunction,
temporary restraining order 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.

The writ of execution, as in ordinary civil actions, shall issue for the
enforcement of a judgment imposing a fine unless the court otherwise
provides.
Punishment for indirect contempt
If the respondent is adjudged guilty of indirect
contempt committed against a Regional Trial Court or
a court of equivalent or higher rank, he may be
punished by?
a) a fine not exceeding thirty thousand pesos or

b) imprisonment not exceeding six (6) months, or

c) both
Punishment for indirect contempt
If he is adjudged guilty of contempt committed
against a lower court (MTC), he may be punished by?
a) a fine not exceeding five thousand pesos or

b) imprisonment not exceeding one (1) month, or

c) both
Punishment for indirect contempt
If the contempt consists in the violation of a writ of
injunction, temporary restraining order or status quo
order?
a) 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.

b) If there is nothing more to return, offender is personally

liable for the restitution of the money equivalent to the
lost thing (Rosario Textile Mills v. CA)
Punishment for indirect contempt
The writ of execution, as in ordinary civil actions,

General Rule: shall issue for the enforcement of a judgment

imposing a fine

Exception: the court otherwise provides

Punishment for indirect contempt
Principles to Remember:
1. The power to punish for contempt should be used
sparingly and only in cases of clear and
contumacious refusal to obey should the power be
exercised.
• The penalty for imprisonment is not proper when the act
the court ordered the petitioner to do has already been
performed, albeit belatedly and not without delay for an
unreasonable length of time (Montenegro v.
Montenegro)
Punishment for indirect contempt
Principles to Remember:
2. The Rules do not provide that reprimand and
admonition may be imposed on one found guilty of
indirect contempt (In the Matter of the Contempt
Orders Against Lt. Gen. Jose M. Calimlim and Atty.
Dominog A. Doctor, Jr)
Section 8. Imprisonment until order obeyed

When the contempt consists in the refusal or omission to

do an act which is yet in the power of the respondent
to perform, he may be imprisoned by order of the court
concerned until he performs it.
Imprisonment until order obeyed
When the contempt consists in the refusal or omission to do an
act which is yet in the power of the respondent to perform, what
is the remedy?

He may be imprisoned by order of the court concerned until

he performs it.
Imprisonment until order obeyed
Principles to Remember

1. The power to punish for contempt must also be used

with due regard to the provisions of the law and the
constitutional rights of the individual.

• No person shall be imprisoned for debt not arising from a criminal

offense (ex. non-payment of rentals), in accordance with Sec 20,
Article III of the 1987 Constitution (In the Matter of the Petition for
Habeas Corpus of Benjamin Vergara)
Imprisonment until order obeyed
Principles to Remember

2. Judgement cannot be said to be excessive nor unjust, as

imprisoned for an indefinite period is purely a remedial
measure. It’s purpose is to coerce to do an act within his
power to perform
Section 9. Proceeding when party released
on bail fails to answer.

When a respondent released on bail fails to appear on the

day fixed for the hearing, the court may issue another order
of arrest or may order the bond for his appearance to be
forfeited and confiscated, or both; and, if the bond be
proceeded against, the measure of damages shall be the
extent of the loss or injury sustained by the aggrieved party
by reason of the misconduct for which the contempt
charge was prosecuted, with the costs of the proceedings,
and such recovery shall be for the benefit of the party
injured. If there is no aggrieved party, the bond shall be
liable and disposed of as in criminal cases.
Proceeding when party released on bail
fails to answer
When a respondent released on bail fails to appear on the day fixed for the
hearing, the court may?
1. issue another order of arrest or
2. may order the bond for his appearance to be forfeited and confiscated,
or
• if the bond be proceeded against, the measure of damages shall
be the extent of the loss or injury sustained by the aggrieved party
by reason of the misconduct for which the contempt charge was
prosecuted, with the costs of the proceedings, and
• such recovery shall be for the benefit of the party injured
• If there is no aggrieved party, the bond shall be liable and
disposed of as in criminal cases.
3. both
Section 10. Court may release respondent.

The court which issued the order imprisoning a person

for contempt may discharge him from imprisonment
when it appears that public interest will not be
prejudiced by his release.
Court May Release Respondent
May the court discharge a respondent despite an order for
his imprisonment for contempt? How?

The court may discharge him from imprisonment when it

appears that public interest will not be prejudiced by his
release
Section 11. Review of judgment or final
order; bond for stay.

The judgment or final order of a court in a case of

indirect contempt may be appealed to the proper
court as in criminal cases. But execution of the
judgment or final order shall not be suspended until a
bond is filed by the person adjudged in contempt, in
an amount fixed by the court from which the appeal is
taken, conditioned that if the appeal be decided
against him he will abide by and perform the judgment
or final order.
Review of judgment or final order; bond
for stay
May a judgment or final order of contempt be appealed?

In case of judgment or final order of indirect contempt, it

may be appealed to the proper court as in criminal cases.

In case of judgment or final order of direct contempt, there

is no appeal.
Review of judgment or final order; bond
for stay
Can the execution of a judgment or final order be
suspended?

Yes. The execution of a final judgment or final order of

indirect contempt shall be suspended when a bond is filed.

Who shall file the bond?

The person adjudged in contempt

Review of judgment or final order; bond
for stay
What is the amount of the bond?

In an amount fixed by the court from which the appeal is

taken

What is the condition of the bond?

If the appeal be decided against the person adjudged in

contempt, he will abide by and perform the judgment or
final order.
Section 12. Contempt against quasi-
judicial entities.

Unless otherwise provided by law, this Rule shall apply

to contempt committed against persons, entities,
bodies or agencies exercising quasi-judicial functions,
or shall have suppletory effect to such rules as they may
have adopted pursuant to authority granted to them
by law to punish for contempt. The Regional Trial Court
of the place wherein the contempt has been
committed shall have jurisdiction over such charges as
may be filed therefor
Contempt against quasi-judicial entities
Can there be contempt against quasi-judicial bodies? What
shall govern?

Yes.

Unless otherwise provided by law, this Rule shall apply to

contempt committed against persons, entities, bodies or
agencies exercising quasi-judicial functions, or shall have
suppletory effect to such rules as they may have adopted
pursuant to authority granted to them by law to punish for
contempt.
Contempt against quasi-judicial entities
Do quasi-judicial bodies have the power to punish
contempt?

General Rule: No

Exception: A court or a law specifically grants this body the

power
Contempt against quasi-judicial entities
Who has jurisdiction to punish contempt committed against the
quasi-judicial bodies who have no contempt powers?
The Regional Trial Court of the place wherein the contempt has
been committed shall have jurisdiction over such charges as
may be filed therefor.

Quasi-judicial agencies that have the power to cite persons for

indirect contempt pursuant to Rule 71 of the Rules of Court can
only do so by initiating them in the proper Regional Trial Court. It
is not within their jurisdiction and competence to decide the
indirect contempt cases. These matters are still within the
province of the Regional Trial Courts. (Landbank vs. Listana, G.R.
No. 152611; August 5, 2003)
Contempt against quasi-judicial entities
Quasi-judicial bodies which have contempt powers

1. Commission on Human Rights (CHR)

In cases of violation of its rules of procedures, it may cite

for contempt in accordance with the Rules of Court (Export
Processing Authority vs CHR, G.R. No. 101476, 1192)

1. Presidential Commission on Good Governance (PCGG)

Under Executive Order No. 1, PCGG is given the power to

punish for contempt (PCGG vs Pena, 159 SCRA 556)
RECAP
 Direct Contempt vs. Indirect Contempt
Direct Contempt Indirect Contempt
How Can be committed in Can be committed
the presence of or anywhere as long as the
committed near a court or judge act falls under Section 3

Nature of The person guilty of The person guilty of

misbehavior is misbehavior may be
the summarily adjudged punished only after charge
proceedings by the court against in writing has been filed,
which the contempt and an opportunity given
was committed to the accused be heard
by himself or counsel
Direct Contempt vs. Indirect Contempt
Direct Contempt
Penalty If the contempt is directed
against an RTC, a court of
equivalent or higher rank:
Ø Fine not exceeding
P2,000, or imprisonment
not exceeding 10 days,
or both.
Indirect Contempt
If the contempt is directed
against an RTC, a court of
equivalent or higher rank:
Ø Fine not exceeding P30,000,
or imprisonment not
exceeding 6 months, or
both.

If the contempt is directed

against a lower court: If the contempt is directed
Ø Fine not exceeding against a lower court:
P200, or imprisonment Ø Fine not exceeding P5,000,
not exceeding 1 day, or or imprisonment not
both. exceeding 1 month, or
both.
 Direct Contempt vs. Indirect Contempt
Direct Contempt Indirect Contempt
How Summarily adjudged By the court motu proprio
commenced by the court against thru an order or any formal
which the contempt is charge;
directed
In all other case, by a
verified petition;
Remedy No appeal, but subject May be appealed to the
to certiorari or proper court as in criminal
prohibition cases, but execution shall
not be suspended until
BOND is filed