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Differences Between Direct and Indirect Contempt
Differences Between Direct and Indirect Contempt
Where the act is committed In the presence or near a court. Indirect contempt or constructive contempt is
committed out of the presence of the court.
Any improper conduct tending, directly or
indirectly, to impede, obstruct, or degrade the
administration of justice would constitute
indirect contempt.
Necessity of a charge Any person guilty of misbehavior in the Intent is necessary
presence or near a court as to obstruct or
interrupt the proceedings before the same
Necessity of a hearing summary Written charge and hearing as indirect
contempt partake as a criminal charge.
Appealability of judgment May not appeal, however my file certiorari or May appeal the judgment in the same manner
prohibition. as in criminal cases.
Sanctions A fine not exceeding two thousand pesos or Indirect contempt against the RTC, equivalent
imprisonment not exceeding 1 days, or both, court or higher, a fine not exceeding 30k, or
for RTC, equivalent rank or higher court. Two imprisonment not exceeding 6 months or
(200) pesos or imprisonment of 1 day or both both. For
for lower court.