This case has been cited 3 times or more.
|
2012-04-25 |
PERALTA, J. |
||||
| Sections 3[16] and 4,[17] Rule 71 of the Rules of Court, specifically outlines the procedural requisites before the accused may be punished for indirect contempt. First, there must be an order requiring the respondent to show cause why he should not be cited for contempt. Second, the respondent must be given the opportunity to comment on the charge against him. Third, there must be a hearing and the court must investigate the charge and consider respondent's answer. Finally, only if found guilty will respondent be punished accordingly.[18] The law requires that there be a charge in writing, duly filed in court, and an opportunity given to the person charged to be heard by himself or counsel. What is most essential is that the alleged contemner be granted an opportunity to meet the charges against him and to be heard in his defenses. This is due process, which must be observed at all times.[19] | |||||
|
2007-07-27 |
AUSTRIA-MARTINEZ, J. |
||||
| Moreover, the RTC failed to observe the standards of due process when it first cited petitioner for contempt of court. It must be stressed that indirect contempt proceedings partake of the nature of a criminal prosecution; hence, strict rules that govern criminal prosecutions also apply to a prosecution for criminal contempt; the accused is to be afforded many of the protections provided in regular criminal cases; and proceedings under statutes governing them are to be strictly construed.[16] | |||||