K. Contempt (Rule 71)

Definition of Contempt of Court

Contempt is disobedience and utter disregard to the court by acting in opposition to its authority, justice and dignity. It also includes conduct which tends to bring the authority of the court and the administration of law into disrepute or in a manner which impedes the due administration of justice. (Siy v. NLRC, G.R. No. 158971, 2005)

Updated: Criticism of the Judiciary does not alone justify contempt; courts must assess whether an imminent and likely harm to the administration of justice warrants its use (Tolentino v. Heydarian, G.R. No. 103956, 8 April 2026).

Two-fold Aspect:

• Proper punishment for the disrespect to the court or its order; and
• To compel the guilty party’s performance of some act or duty required of him by the court. (Halili v. CIR, G.R. No. L-24864, 1985)

Remedy

• He cannot appeal, but he may file certiorari or prohibition under Rule 65.
• Execution of judgment shall be suspended pending resolution of the petition, provided:
• He 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 (Sec. 2, Rule 71)

Punishment for Contempt

• RTC or court of equal or higher rank: Fine not exceeding P2,000 or imprisonment not exceeding 10 days or both.
• MTC: Fine not exceeding P200 or imprisonment not exceeding 1 day or both. (Sec. 1, Rule 71)

Note: If 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 until he performs it.

Contempt

If the subpoena was issued by a court

– failure by any person without adequate cause to obey a subpoena served on him shall be deemed contempt of the court from which the subpoena is issued;

If subpoena is NOT issued by a court

– the disobedience shall be punished in accordance with applicable law.

Proceeding for Indirect Contempt

Punished after charge and hearing (Sec. 3, Rule 71);

Please see the grounds for indirect contempt in the previous table.

Remedy

May be appealed to the proper court as in criminal cases, but execution shall not be suspended until bond is filed. (Sec. 11, Rule 71)

Two Modes of Commencing Proceeding for Indirect Contempt:

• Motu proprio by the court through an order or any other formal charge requiring the respondent to show cause why he should not be punished for contempt; and
• Through a verified petition charging for indirect contempt 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. (Sec. 4, Rule 71)

Punishable Act

A person guilty of any of the following acts may be punished for indirect contempt:

• Misbehavior an officer of a court in the performance of his official duties or in his official transactions;
• 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;
• 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;
• Any improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the administration of justice;
• Assuming to be an attorney or an officer of a court, and acting as such without authority;
• Failure to obey a subpoena duly served;
• 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; (Sec. 3, Rule 71) and
• Failure by counsel to inform the court of the death of his client, since it constitutes an improper conduct tending to impede the administration of justice. (Sec. 3, Rule 71)

The SC not only has plenary disciplinary authority over attorneys but also has the inherent power to punish for contempt. The former stems from the Court’s constitutional mandate to regulate admission into the practice of law, which includes as well authority to regulate the practice itself of law; the latter is “necessary for its own protection against an improper interference with the due administration of justice.” (Zaldivar v. Sandiganbayan, G.R. Nos. 79690-707, 1988)

Generally, non-parties may not be held for contempt. However, if he is guilty of conspiracy with any one of the parties in violating the court’s orders, he may be liable. (Desa Enterprise v. SEC, G.R. No. L-45430, 1982)

Updated: Speech criticizing the judiciary warrants indirect contempt only when, in context, it poses a likely and imminent harm to the administration of justice (Tolentino v. Heydarian, G.R. No. 103956, 8 April 2026).

WHEN IMPRISONMENT SHALL BE IMPOSED

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. (Sec. 8, Rule 71)

The reason for indefinite incarceration in civil contempt proceedings, in proper cases, is that it is remedial, preservative, or coercive in nature. The punishment is imposed for the benefit of a complainant or a party to a suit who has been injured. Its object is 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. (Montenegro v. Montenegro, G.R. No. 156829, 2004)

CONTEMPT AGAINST QUASI-JUDICIAL BODIES

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. (Sec. 13, Rule 71)

Contempt of court

If a party or other witness refuses to be sworn or refuses to answer any question after being directed to do so by the court of the place in which the deposition is being taken, the refusal may be considered contempt of that court.