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141 Montenegro vs. Montenegro

(June8 8, 2004 G.R. 156829)TOPIC: Special Civil Actions; Forcible Entry and Unlawful Detainer (Dapat under Contempt to)

PONENTE: Davide, JR., CJFACTS:

1. On 14 June 1994, respondent Ma. Teresa V. Lizares-Montenegro for herself and as a mother and guardian filedwith the TC a complaint for support against her husband, petitioner Ramon Montenegro

2. TC rendered a decision approving a compromise agreement, no appeal was made.3. Petitioner failed to comply with his obligation thus respondent was forced to filed a motion for execution of

judgement. TC granted on Feb. 15, 1999. A second writ and notice of garnishment was issued on May 21, 2001

but were returned unsatisfied.

4. Petitioner admitted his failure but alleged that he was no longer in a position to do so as he was insolvent.5. Respondent manifested that she would file a motion for examination of petitioner as judgment obligor6. respondent Teresa filed a motion to examine petitioner as judgment obligor. she alleged that there is an urgen

for the examination to be conducted at the earliest time since petitioner was about to migrate to Canada. the

trial court issued an Order granting the motion. petitioner filed with the court a Manifestation alleging that the

grant of the motion for examination it was premature because he still would have 30 days from receipt of the

motion within which to file a comment or opposition thereto as agreed upon during the conference

7. neither petitioner nor his counsel appeared for the scheduled hearing. On that date, the trial court issued anorder re-scheduling the hearing to 10 April 2002 and requiring the petitioner to explain why he should not be

held in contempt of court for disobeying the 19 March 2002 Order.

8. Respondent filed a compliance with the re-hearing claiming that he did not attend the 22 March 2002 hearingbecause he was under the impression that he still had 30 days from the filing of the motion to examine him as

judgment obligor within which to respond to the motion and his counsel was not available on the said date.

9. TC set a rehearing however, Counsel for petitioner prayed for another re-schedule as he was in Canada. TCdenied10.TC issed an order directing the petitioner to show cause why he should not held in contempt of court for failure

to appear on the hearing for his examination as judgment obligor. In his Compliance and Explanation petitioner

alleged that he was unable to attend the hearing because he was in Canada and had no intention to abscond

from his obligation.

11.Petitioner again failed to go to hearing after a subpoena was given, but petitioner claims that he resides morethan 100km away (Makati is address, Bacolod is court venue) thus may not be compelled to attend hearing

12.Petitioner failed to appear hence TC declared petitioner in contempt of court.ISSUE:whether the TC erred in holding the petitioner guilty of indirect contempt for willfully disobeying the orders of ttrial court requiring him to appear for purposes of examination as a judgment obligor at in the hearings scheduled

HELD: NoRATIO:

- The totality of petitioners acts clearly indicated a deliberate,and unjustified refusal to be examined as ajudgment obligor at the time the examination was scheduled for hearing by the trial court. His Such acts tended

to degrade the authority and respect for court processes and impaired the judiciarys duty to deliv er and

administer justice. Petitioner tried to impose his will on the trial court.

- Contempt of court involves the doing of an act, or the failure to do an act, in such a manner as to create anaffront to the court and the sovereign dignity with which it is clothed. It is defined as "disobedience to the cour

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by acting in opposition to its authority, justice and dignity." The power to punish contempt is inherent in all

courts, because it is essential to the preservation of order in judicial proceedings, and to the enforcement of

judgments, orders and mandates of the courts; and, consequently, to the due administration of justice- The Rules of Court penalizes two types of contempt, namely, direct contempt and indirect contempt. Direct

contempt is committed in the presence of or so near a court as to obstruct or interrupt the proceedings before

the same, and includes disrespect toward the court, offensive personalities toward others, or refusal to be swo

or to answer as a witness, or to subscribe an affidavit or deposition when lawfully required to do so

- (a) Misbehavior of an officer of a court in the performance of his official duties or in his official transactions;- (b) Disobedience of or resistance to a lawful writ, process, order, or judgment of a court, including the act of a

person who, after being dispossessed or ejected from any real property by the judgment or process of any cour

of competent jurisdiction, enters or attempts or induces another to enter into or upon such real property, for t

purpose of executing acts of ownership or possession, or in any manner disturbs the possession given to the

person adjudged to be entitled thereto;

- (c) Any abuse of or any unlawful interference with the processes or proceedings of a court not constituting direcontempt under section 1 of this Rule;

- (d) Any improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the administration ofjustice;

- (e) Assuming to be an attorney or an officer of a court, and acting as such without authority;- (f) Failure to obey a subpoena duly served;- (g) The rescue, or attempted rescue, of a person or property in the custody of an officer by virtue of an order o

process of a court held by him.

- Petitioners deliberate willfulness and even malice in disobeying the orders of the trial court are clearly shown ithe pleadings he himself had filed before the trial court

- In the present case, however, the act which the trial court ordered the petitioner to do has already beenperformed, albeit belatedly and not without delay for an unreasonable length of time. As such, the penalty of

imprisonment may no longer be imposed despite the fact that its non-implementation was due to petitioners

absence in the Philippines.

CASE LAW/ DOCTRINE:

- Contempt of court involves the doing of an act, or the failure to do an act, in such a manner as to create anaffront to the court and the sovereign dignity with which it is clothed. It is defined as "disobedience to the cour

by acting in opposition to its authority, justice and dignity." The power to punish contempt is inherent in all

courts, because it is essential to the preservation of order in judicial proceedings, and to the enforcement of

judgments, orders and mandates of the courts; and, consequently, to the due administration of justice

DISSENTING/CONCURRING OPINION:

KEYWORDS/NOTES:

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