This case has been cited 1 times or more.
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2004-06-04 |
TINGA, J. |
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| The proceedings for punishment of indirect contempt are criminal in nature.[26] The modes of procedure and rules of evidence adopted in contempt proceedings are similar in nature to those used in criminal prosecutions.[27] Thus, any liberal construction of the rules governing contempt proceedings should favor the accused. It can be argued that Soriano has essentially been afforded the right to be heard, as he did comment on the charge of indirect contempt against him. Yet, since an indirect contempt charge partakes the nature of a criminal charge, conviction cannot be had merely on the basis of written pleadings. The contemner is assured of his or her day in court. If the contemner is served a notice of hearing, but fails to appear anyway, then that is a different matter. A hearing affords the contemner the opportunity to adduce before the court documentary or testimonial evidence in his behalf. The hearing will also allow the court a more thorough evaluation of the defense of the contemner, including the chance to observe the accused present his side in open court and subject his defense to interrogation from the complainants or the court itself. | |||||