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  • Differences Between Direct and Indirect Contempt

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    Anty Castillo
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    Direct contempt occurs in the presence of the court and can be dealt with summarily through fines or imprisonment. Indirect contempt occurs outside the presence of the court and requires a written charge and hearing, as it is treated as a criminal charge. For direct contempt of an RTC or higher court, fines up to PHP 2,000 or imprisonment up to 1 day can be imposed. For indirect contempt, fines up to PHP 30,000 or imprisonment up to 6 months can be imposed. A cause of action requires a legal right of the plaintiff, a corresponding duty of the defendant, and an injury caused by the defendant violating the plaintiff's right.

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    Direct contempt occurs in the presence of the court and can be dealt with summarily through fines or imprisonment. Indirect contempt occurs outside the presence of the court and requires a written charge and hearing, as it is treated as a criminal charge. For direct contempt of an RTC or higher court, fines up to PHP 2,000 or imprisonment up to 1 day can be imposed. For indirect contempt, fines up to PHP 30,000 or imprisonment up to 6 months can be imposed. A cause of action requires a legal right of the plaintiff, a corresponding duty of the defendant, and an injury caused by the defendant violating the plaintiff's right.

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    181 views1 page

    Differences Between Direct and Indirect Contempt

    Uploaded by

    Anty Castillo
    Direct contempt occurs in the presence of the court and can be dealt with summarily through fines or imprisonment. Indirect contempt occurs outside the presence of the court and requires a written charge and hearing, as it is treated as a criminal charge. For direct contempt of an RTC or higher court, fines up to PHP 2,000 or imprisonment up to 1 day can be imposed. For indirect contempt, fines up to PHP 30,000 or imprisonment up to 6 months can be imposed. A cause of action requires a legal right of the plaintiff, a corresponding duty of the defendant, and an injury caused by the defendant violating the plaintiff's right.

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    © All Rights Reserved
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    DIRECT CONTEMPT 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.

    LACK OF CAUSE OF ACTION FAILURE TO STATE


    A CAUSE OF ACTION
    Insufficiency of.... Insufficiency of allegation in the pleading Insufficiency of factual basis for the cause.
    When to be raised... After the plaintiff has completed presenting Before the defendant file a responsive
    the evidence. pleading.
    Remedy... Demurer to evidence refile

    THE ELEMENTS OF A CAUSE OF ACTION.


    a. A legal right in favor of plaintiff
    b. A correlative legal duty of the defendant to respect such right
    c. An act or omission by the defendant in violating the right of the plaintiff with a resulting injury or damage, for which the latter may
    maintain an action for recovery of relief from the defendant.

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