Civil Procedure

Civil Procedure A satisfied Microsoft Office User Normal A satisfied Microsoft Office User 2 1 2002-01-10T10:21:00Z 2002-01-10T10:21:00Z 1 55 317 sc 2 1 389 9.2720 120

TABLE 9

DIFFERENCES BETWEEN DIRECT CONTEMPT AND INDIRECT CONTEMPT

DIRECT CONTEMPT

INDIRECT CONTEMPT

1. Where the act is committed

In the presence of or so near the court or judge as to obstruct or interrupt proceedings thereon

Out of or not in the presence of the court but which tends to impede, obstruct or degrade the administration of justice

2. Necessity of a charge

Not necessary

A written charge or a show cause order is necessary

3. Necessity of a hearing

No need – the court can summarily impose a sanction upon the respondent

There is a need of a hearing

4. Appealability of judgment

Not appealable – but may be challenged in a petition for certiorari

Appealable

5. Sanctions

a. Fine not exceeding Php 200.00 in the Municipal, Metropolitan and Municipal Circuit Trial Court and not exceeding Php 2,000.00 in the Regional Trial Court, Court of Appeals and Supreme Court

b. Imprisonment not exceeding one (1) day in the Municipal, Metropolitan and Municipal Circuit Trial Courts and not exceeding ten (10) days in the Regional Trial Court, Court of Appeals and Supreme Court

c. Both fine and imprisonment

a. Fine not exceeding Php 5,000.00 in the Municipal, Metropolitan and Municipal Circuit Trial Courts and not exceeding Php 30,000.00 in the Regional Trial Court, Court of Appeals and Supreme Court

b. Imprisonment not exceeding one (1) month in the Municipal, Metropolitan and Municipal Circuit Trial Courts and not exceeding six (6) months in the Regional Trial Court, Court of Appeals and Supreme Court

c. Both fine and imprisonment