RULE 71 Sec. 4. How proceedings commenced.
-Proceedings for
CONTEMPT
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 net exceeding (1) day, or
both, if it be a lower court. (1a)
Sec. 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 flea 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. (2a)
Sec. 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:
(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 process
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. But nothing in this section shall
be so construed as to prevent the court from issuing process
to bring the respondent into court, or from holding him in
custody pending such proceedings. (3a)
indirect contempt may be initiated motu proprio 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)
Sec. 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 2 of this Rule. (4a)
Sec. 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. (5a)
Sec. 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.
(6a)
Sec. 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. (7a)
Sec. 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. (8a)
Sec. 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. (9a)
Sec. 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 front 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. (10a)
Sec. 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.
INHERENT POWER OF THE COURT
CONTEMPT
Applicability of Rule 71 Contempt is a contempt
arising from court proceedings. This also involves proceedings
before quasi-judicial agencies (Sec. 12). It applies suppletorily
to contempt rules of quasi-judicial agencies with contempt
powers. Government agencies who exercise quasi-judicial
powers that have no contempt powers may avail of Rule 71 in
order to cite and hold a party in contempt. So they have to file
a case in court for that since they have no contempt powers.
Only the courts have inherent powers of contempt under the
judicial system
Its existence is essential to the preservation of order
in judicial proceedings and to the enforcement of judgments,
orders and mandates of the court, and consequently to the
due administration of justice (Perkins v. The Director of
Prisons, June 30, 1933).
Meaning of contempt
1. Contempt of court is the 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.
2. The power to declare a person in contempt of court
and in dealing with him accordingly is an inherent
power lodged in courts of justice, to be used as a
means to protect and preserve the dignity of the
court, the solemnity of the proceedings therein, and
the administration of justice from callous
misbehavior, offensive personalities, and
contumacious refusal to comply with court orders.
3. Contempt of court is a defiance of the authority,
justice or dignity of the court; such conduct as
tends to bring the authority and administration of
the law into disrespect or to interfere with or
prejudice parties litigants or their witnesses during
litigation. It is defined as 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.
Functions of contempt
Contempt proceedings has a dual function:
a) vindication of public interest by punishment of
contemptuous conduct; and
b) coercion to compel the contemnor to do what the law
requires him to uphold the power of the Court, and
also to secure the rights of the parties to a suit
awarded by the Court
Kinds of contempt according to nature
Contempt may be civil or criminal depending on the
nature and effect of the contemptuous act.
a) Criminal contempt is the conduct directed against the
authority and dignity of the court or a judge acting
judicially; it is an obstructing the administration of
justice which tends to bring the court into disrepute
or disrespect.
b) Civil contempt is the failure to do something ordered
to be done by a court or a judge for the benefit of the
opposing party therein and is therefore, an offense
against the party in whose behalf the violated order
was made. If the purpose is to punish, then it is
criminal in nature; but if to compensate, then it is
civil.
 c) The distinction between criminal and civil contempt is
so thin as to be almost imperceptible. But it does
exist in law. It is criminal when the purpose is to
vindicate the authority of the court and protect its
outraged dignity. It is civil when there is failure to do
something ordered by a court to be done for the
benefit of a party.
d) Criminal contempt proceedings 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. Hence, the strict rules that govern
criminal prosecutions apply to prosecutions for
criminal contempt that the accused is to be afforded
many of the protections provided in regular criminal
cases and that proceedings under statutes governing
them are to be strictly construed. However, criminal
proceedings are not required to take any particular
form as long as the substantial rights of the accused
are preserved.
e) Civil contempt proceedings on the other hand, are
generally held to be remedial and civil in nature, that
is, for the enforcement of some duty, and essentially
a remedy resorted to, to preserve and enforce the
rights of a private party to an action and to compel
obedience to a judgment or decree intended to
benefit such a party litigant. The rules of procedure
governing contempt proceedings or criminal
prosecutions, ordinarily are inapplicable to civil
contempt proceedings.
Kinds of contempt according to the manner
of commission
a) direct, and
b) indirect.
Direct contempt
Direct contempt in general is committed in the
presence of or so near the court or judge as to obstruct or
interrupt the proceedings before the same. Indirect contempt
is one not committed in the presence of the court. It is an act
done at a distance which tends to belittle, degrade, obstruct or
embarrass the court and justice.
Acts constituting Direct Contempt
1. Any of the following acts constitutes direct contempt:
(a) Misbehavior in the presence of or so near a court as to
obstruct justice or interrupt the proceedings before the same;
(b) Disrespect toward the court;
(c) Offensive personalities towards others; (d) Refusal to be
sworn as a witness or to answer as a witness;
(e) Refusal to subscribe an affidavit or deposition when
lawfully required to do so (Sec. 1, Rule 71, Rules of Court).
2. The acts of a party or a counsel which constitute willful and
deliberate forum shopping constitute direct contempt (Sec. 5,
Rule 7, Rules of Court).
3. Unfounded accusations or allegations or words tending to
embarrass the court or to bring it into disrepute have no place
in a pleading. If a pleading containing derogatory, offensive
and malicious statements is submitted in the same court or
judge in which the proceedings are pending, it is direct
contempt, equivalent as it is to a misbehavior committed in the
presence of or so near a court or judge as to interrupt the
administration of justice.
 A finding of contempt on the part of a lawyer does
not preclude the imposition of disciplinary sanctions
against him for his contravention of the ethics of the
legal profession.
No formal proceeding required
No formal proceeding is required to cite a person in
direct contempt. The court may summarily adjudge one in
direct contempt (Sec. 1, Rule 71, Rules of Court).
Penalties
RTC MTC
Fine – P2,000 maximum Fine – P200 maximum
Imprisonment – 10 days Imprisonment – 1 day
maximum maximum
Or both Or both
1. The penalty for direct contempt depends upon the court
against which the act was committed.
(a) If the act constituting direct contempt was committed
against a Regional Trial Court or a court of equivalent or
higher rank, the penalty is a fine not exceeding two thousand
pesos or imprisonment not exceeding ten (10) days, or both.
(b) If the act constituting direct contempt was committed
against a lower court, the penalty is a fine not exceeding two
hundred pesos or imprisonment not exceeding one (1) day, or
both (Sec. 1, Rule 71, Rules of Court).
2. 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.
Remedy of a person adjudged in direct
contempt
 1. A person adjudged in direct contempt may not Indirect Contempt, Penalty
appeal therefrom. His remedy is a petition for
certiorari or prohibition directed against the court
RTC MTC
which adjudged him in direct contempt (Sec. 2, Rule
71, Rules of Court). Fine– P30,000 maximum Fine – P5000 maximum

2. Pending the resolution of the petition for certiorari Imprisonment – 6 months Imprisonment – 1 month
or prohibition, the execution of the judgment for maximum maximum
direct contempt shall be suspended. The suspension
however, shall take place only if the person adjudged Or both Or both
in contempt files a bond fixed by the court which
rendered the judgment. This bond is conditioned
DIRECT CONTEMPT INDIRECT CONTEMPT
upon his performance of the judgment should the
NATURE OF PROCEEDINGS
petition be decided against him (Sec. 2, Rule 71,
Summary; No hearing Requires written charge,
Rules of Court).
required notice and hearing
PENALTIES AND FINES
Indirect contempt in general is committed by MTC maximum of P200 MTC maximum of P5,000 RTC
a person who commits any of the following RTC maximum of P2,000 maximum of P30,000
acts:
Compliance of order violated
or defied
a) Misbehavior of an officer of a court in the INITIATOR
performance of his official duties or in his official MTC maximum of 1 day MTC maximum of 1
transactions; RTC maximum of 10 days month RTC maximum of
b) Disobedience of or resistance to a lawful writ, 6 months Imprisonment
process, order, judgment of a court, including the act until order is obeyed
of a person who, after being disposed or ejected from REMEDIES
any real property by the judgment or process of a Certiorari and Appeal
court of competent jurisdiction, who enters or
Prohibition
attempts or induces another to enter into or upon
such real property for the purposes of executing acts
of ownership or possession in any manner disturbs
the possession given to the person adjudged or Rule on Publication
entitled thereto.
(e.g. A defendant in an ejectment suit who was
Section 3(d), Rule 71
disposed from a property but returned to the property
Any improper conduct tending, directly or indirectly, to
– indirect contempt).
impede, obstruct, or degrade the administration of justice.
c) any abuse of or any unlawful interference with the
This is a common ground for indirect contempt. The usual
processes or proceedings of a court not constituting
instance is on publications.
direct contempt; and
General Rule: There can be no contempt in post-publications.
d) any improper conduct tending, directly or indirectly,
Fair criticism of the court, its proceedings and its members, is
to impede, obstruct or degrade the administration of
allowed. However, criticism should be distinguished from
justice.
insult. Personal and scurrilous abuse of a judge is a case for
contempt.
e) Assuming to be an attorney or an officer of the court
and acting as such without authority;
➢ Thus, if it is a fair assessment of a judgment of a court,
then that is allowed, there is no contempt.
f) Failure to obey a subpoena duly served;

➢ But if it borders on insult, if its borders in putting them to

g) The rescue, or attempted rescue, of a person or
shame and insulting the person of the justices and judges who
property in the custody of an officer by virtue of an
rendered the decision, then that is contemptuous.
order or process of a court held by him.

Exceptions: The following are the exceptions to the rule that

In indirect contempt, the court can issue process to bring the
fair criticism to the judgments and decisions of the court are
respondent into court, or from holding him in custody pending
allowed:
such proceedings, thus if the contempt is so grave, he can be
held in custody of the court.
1. Where publication tends to bring the court into disrespect
or, in other words, to scandalize the court; or
2. Where there is a clear and present danger that the
administrator of justice would be impeded (People v. Godoy,
243 SCRA 64, 1995).
PROCEDURE FOR INDIRECT CONTEMPT
Direct Contempt, No Procedure
In direct contempt, there is no procedure. One is automatically
cited in direct contempt. There is no due process. The
procedure will only come in if one files a Petition for Certiorari
or Prohibition.
How Initiated
1. A Show Cause Order requiring the respondent to
Show Cause why he should not be punished for
contempt for having committed the contemptuous
acts imputed against him. This is issued by the court
motu proprio.
 APPLIES: Where the indirect contempt is committed
against a court or judge possessed and clothed with
contempt powers.
2. Verified Petition for contempt by way of special civil
action governed by Section 4, Rule 71 of the Rules of
Court.
 APPLIES: If the contemptuous act was committed
not against a court nor a judge with authority to
punish contemptuous acts.
 Here, the defendant can file a verified petition in the
same case or
 By the quasi-judicial agency which has no contempt
power to apply under Rule 71 via verified petition for
contempt.
It has to be initiated by a written charge, you cannot be cited
in indirect contempt without a written charge, otherwise if it is
verbal then it is then tantamount to a direct contempt. It has
to be initiated by a written charge which could be a (1) Show
Cause Order; or by (2) Verified Petition.
It is by an order or any
other formal charge
requiring the respondent
Show Cause Order Motu to show cause why he
Proprio by the Court should not be punished
for contempt. This is
already a written charge.
It is with supporting
particulars and certified
copies of documents or
By Verified Petition Under Rule papers involved therein,
71, Section 4 and upon full compliance
with the requirements for
filing initiatory pleadings
for civil actions in the
court concerned. One
must be able to show the
cause and the basis
supporting the cause.
One has to pay docket
fees. This includes
Verification and
Certification Against
Forum Shopping.
If the contempt charges arose out of or
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 case for joint hearing and decision.
Court where the charge for indirect contempt
is to be filed
Where the charge for indirect contempt is to be filed depends
upon the level of the court against which the contempt was
committed.
(a) Where the act was 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.
(b) Where the act was committed against a lower court, the
charge may be filed with the Regional Trial Court in which the
lower court is sitting. It may also be filed in the lower court
against which the contempt was allegedly committed. The
decision of the lower court is subject to appeal to the Regional
Trial Court (Sec. 5, Rule 71, Rules of Court; En Bane
Resolution, SC, July 21, 1998).
(c) Where the act was committed against persons or entities
exercising quasi-judicial functions, the charge shall be filed in
the Regional Trial Court of the place wherein the contempt
was committed (Sec. 12, Rule 71, Rules of Court).
Punishment for indirect contempt
The punishment for indirect contempt depends upon the level Contempt against quasi judicial entities
of the court against which the act was committed:
(a) Where the act was committed against a Regional Trial
1. The rules on contempt under Rule 71 apply to contempt
Court or a court of equivalent or higher rank, he may be
committed against persons or entities exercising quasi judicial
punished by a fine not exceeding thirty thousand pesos or
functions or in case there are rules for contempt adopted for
imprisonment not exceeding six (6) months, or both.
such bodies or entities pursuant to law, Rule 71 shall apply
suppletorily (Sec. 12, Rule 71, Rules of Court).
(b) Where the act was committed against a lower court, he
may be punished by a fine not exceeding five thousand pesos
2. Quasi judicial bodies that have the power to cite persons for
or imprisonment not exceeding one (1) month or both. Aside
indirect contempt pursuant to Rule 71 of the Rules of Court
from the applicable penalties, if the contempt consists in the
can only do so by initiating them in the proper Regional Trial
violation of a writ of injunction, temporary restraining order or
Court. It is not within their jurisdiction and competence to
status quo order, he may also be ordered to make complete
decide the indirect contempt cases. These matters are still
restitution to the party injured by such violation of the property
within the province of the Regional Trial Courts. The
involved or such amount as may be alleged and proved (Sec.
requirement for a verified petition must also be complied with.
7, Rule 71, Rules of Court).
The DARAB for example, has no power to decide the contempt
charge filed before it.
(c) Where the act was committed against a person or entity
exercising quasi judicial functions, the penalty imposed shall
3. The Regional Trial Court of the place wherein the contempt
depend upon the provisions of the law which authorizes a
has been committed shall have jurisdiction over the charges
penalty for contempt against such persons or entities.
for indirect contempt that may be filed (Sec. 12, Rule 71, Rules
of Court).
Imprisonment

1. Sec. 8 of Rule 71 of the Rules of Court provides for

indefinite incarceration in contempt proceedings to compel a
party to comply with the order of the court. "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." This may be resorted to where the attendant circumstances
are such that the noncompliance with the court order is an
utter disregard of the authority of the court which has then no
other recourse but to use its coercive power. When a person or
party is legally and validly required by a court to appear before
it for a certain purpose, and when that requirement is
disobeyed, the only remedy left for the court is to use force to
bring such person or party before it.

2. The punishment is imposed for the benefit of a complainant

or a party to a suit who has been injured aside from the need
to compel performance of the orders or decrees of the court,
which the contemnor refuses to obey although able to do so.
In effect, it is within the power of the person adjudged guilty
of contempt to set himself free.
3. It is only the judge who orders the confinement of a person
for contempt of court who could issue the Order of Release.

Remedy of a person adjudged in indirect

contempt

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
from which the appeal is taken. This bond is conditioned upon
his performance of the judgment or final order if the appeal is
decided against him (Sec. 11, Rule 71, Rules of Court).