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ANTONIO T. GUERRERO v. JUDGE ADRIANO R. VILLAMOR

This case has been cited 3 times or more.

2011-06-06
PERALTA, J.
Before this Court is a petition for review on certiorari, [1] under Rule 45 of the Rules of Court, seeking to set aside the October 6, 2005 Decision [2] and October 26, 2006 Resolution, [3] of the Court of Appeals (CA), in CA-G.R. SP No. 82238.
2008-10-24
PER CURIAM
Contempt is defined as a disobedience to the Court by setting up an opposition to its authority, justice and dignity. It signifies not only a willful disregard or disobedience of the court's orders but such conduct that 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.[46] Indirect contempt is one committed out of or not in the presence of the court that tends to belittle, degrade, obstruct or embarrass the court and justice.[47] Any improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the administration of justice has also been considered to constitute indirect contempt.[48]
2006-11-30
YNARES-SANTIAGO, J.
Direct contempt consists of or is characterized by "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 Section 1, Rule 71[8] of the Rules of Court which provides that - SEC. 1. Direct contempt punished summarily. A person guilty of misbehavior in the presence of or so near the 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. On the other hand, indirect contempt is one committed out of or not in the presence of the court that tends to belittle, degrade, obstruct or embarrass the court and justice.[9] Section 3, Rule 71 of the Rules of Court provides for the mode of commencing proceedings for and enumerates the particular acts which constitute indirect contempt, to wit: 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;