This case has been cited 4 times or more.
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2009-06-05 |
VELASCO JR., J. |
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| x x x [T]he power to punish for contempt is to be exercised on the preservative and not on the vindictive principle. Only occasionally should it be invoked to preserve that respect without which the administration of justice will fail. The contempt power ought not to be utilized for the purpose of merely satisfying an inclination to strike back at a party for showing less than full respect for the dignity of the court.[35] | |||||
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2007-12-18 |
PUNO, CJ. |
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| In its May 22, 2003 Decision No. 2203-082,[18] respondent COA denied the appeal on the basis of a cursory examination of EO No. 286 and MWSS Memorandum Circular No. 26-96 dated July 25, 1996 that "clearly indicate that the MWSS Early Retirement Incentive Package was intended to supplement the benefits the separated employee may receive from the GSIS." Respondent COA emphasized the provisions of Sec. 6 of EO No. 286:Sec. 6. Separation pay. Any official and employee of the MWSS and LWUA who may be phased out by reason of the reorganization shall be entitled to such benefits as may be determined by existing laws. | |||||
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2006-11-30 |
YNARES-SANTIAGO, J. |
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| 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; | |||||
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2003-10-14 |
BELLOSILLO, J. |
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| Wicker v. Arcangel [6] made it clearer that in case of indirect or constructive contempt, the contemnor may be punished only "after charge in writing has been filed, and an opportunity given to the accused to be heard by himself and counsel," whereas in a direct contempt, the respondent may summarily be adjudged in contempt. | |||||