Contempt of CourtContempt of Court

It is a charge which can be laid against

someone for interrupting the process of

justice in a court of law. A charge of

contempt, if proved, can result in fines

and jail time. Many people are familiar

with the concept of contempt of court,

since it tends to come up in courtroom

dramas.

Forms of Contempt of CourtForms of Contempt of Court

1.Civil contempt of court

-It involves a failure to obey an order from a

court. It can be purged by obeying the order.

- intent is a necessary element. It means

that no one can be punished for a criminal

contempt unless the evidence makes it clear

that he intended to commit it.

ExampleExample

Someone may speak out of turn in a Someone may speak out of turn in a

courtroom during trial proceedings, disrespecting courtroom during trial proceedings, disrespecting

the basic rules of the courtroom. The judge can the basic rules of the courtroom. The judge can

indicate that he or she will find the speaker in indicate that he or she will find the speaker in

contempt of court unless the speaker sits down contempt of court unless the speaker sits down

and remains silent until it is appropriate to talk. and remains silent until it is appropriate to talk.

Or a witness could fail to answer a question, in Or a witness could fail to answer a question, in

which case the judge will instruct him or her to which case the judge will instruct him or her to

answer or be held in contempt of court.answer or be held in contempt of court.

2. Criminal contempt of court

-It court actually hinders the operations of the

court.

- intent is immaterial. Hence, good faith and

absence of intent to violate court’s order is not a

defense.

Example:Example:

FFailure to produce evidence when subpoenaed, or threats to the judge, jury, or lawyers.

Someone who yells at the judge, for example, could find him or herself accused of contempt of court.

General Rule:

You will not be at risk of being charged with

contempt of court if you behave courteously in a

courtroom, complying with all orders from court

officials. You need not be afraid of court officials,

but it is a very good idea to be respectful, treating

them as you would wish to be treated. If you are

unclear on a point of court etiquette, a bailiff can

assist you.

General Rules of Courtroom General Rules of Courtroom ConductConduct

a) All officers of the court except the Judge and jurors, and all other participants, exceptwitnesses who have been placed under the rule, shall promptly enter the courtroom before the scheduledtime for each court session. When the court is called to order, complete order should be observed.(b) In the courtroom, there shall be:(1) no tobacco use;(2) no chewing gum use;

(3) no food or drink;

(4) no propping of feet on tables or chairs;

(5) no noise or talking that interferes with court proceedings,

including

but not limited to cell phones and digital pagers.

c) The Judge, attorneys, and other officers of the court will

refer to and address other court

officers or participants in the proceedings respectfully and

impersonally, by using appropriate titles and

surnames rather than first names;

(d) The oath will be administered in a manner calculated to (d) The oath will be administered in a manner calculated to

impress the witness with theimpress the witness with the

importance and solemnity of the promise to adhere to the importance and solemnity of the promise to adhere to the

truth; andtruth; and

(e) All officers of the court and participants shall dress (e) All officers of the court and participants shall dress

appropriately for court sessions;appropriately for court sessions;

(1) ABSOLUTELY NO SHORTS, CAPRI PANTS, MINI SKIRTS, OR(1) ABSOLUTELY NO SHORTS, CAPRI PANTS, MINI SKIRTS, OR

TANK TOPS;TANK TOPS;

(2) NO INAPPROPRIATE TSHIRTS;(2) NO INAPPROPRIATE TSHIRTS;

(3) MEN SHALL REMOVE HATS OR BALL CAPS BEFORE (3) MEN SHALL REMOVE HATS OR BALL CAPS BEFORE

ENTERINGENTERING

THE COURTROOMTHE COURTROOM

Conduct of Attorneys(a) Attorneys should always observe the letter and spirit of all canons of ethics, including thoseconcerning ex parte communications with the Judge;(b) Attorneys should advise their clients and witnesses of local rules of Decorum that may beapplicable;(c) All objections, arguments, and other comments by counsel shall be directed to the Judge, orjury and not to opposing counsel;(e) Attorneys should not approach the bench without leave of the court and must never lean on thebench;

Who institutes the filing of Who institutes the filing of contempt charges?contempt charges?

In civil contempt, proceedings should be instituted by an aggrieved party, or his successor , or someone has a pecuniary interest in the right to be protected.

In criminal contempt, it is generally held that the State is

the real prosecutor.

Nestle Philippines, Inc. V Nestle Philippines, Inc. V SanchezSanchez

Facts:

Union of Filipino Employees and Kimberly Independent Labor Union For Solidarity picketed in front of the Supreme Court building. Their picket obstructed access to and egress from the court’s premises and offices of justices. The place was littered with containers and trash in utter disregard of proper hygiene and sanitation.

These acts were done even after their leaders had a dialogue with the justices of the Supreme Court.

•Issue:

Whether or not the acts in question constitute contempt?

•Ruling:

The SC dismissed the case after apologies from the lawyers and the union members were heard and upon the promise that the same incident will not be repeated.

•Legal Principles:

No demonstrations or pickets intended to pressure or influence courts of justice into acting one way or the other on pending cases shall be allowed within the premises of any and all courts.

Grievances must be ventilated through appropriate petitions, motions or other pleadings in keeping with the respect to the Courts as impartial administrators of justice entitled to proceed to the disposition of its business in an orderly manner free from outside interference obstructive of its functions and tending to embarrass the administration of justice.

People V GodoyPeople V Godoy

•Facts:

A complaint was filed by Judge Gacott, Jr. of RTC Palawan Branch 47 against Mauricio Reynoso, Jr. and Eva P. Ponce de Leon of Palawan Times.

The complaint avers that the article tends to impede, obstruct, belittle, downgrade and degrade the administration of justice; that the article contains averments which are disrespectful, discourteous, insulting, offensive and derogatory remarks against the Judge Gacott, Jr.

•Ruling:

The SC dismissed the case as there was no contempt to speak about.

•Legal Principles

Snide remarks or sarcastic innuendoes do not necessarily assume that level of cotumely which is actionable under Rule 71 of the Rules of Court(Contempt)

A judge ought to be patient and tolerate everything which

appears as but the momentary outbreak of disappointment.

The general rule is that there is no contempt in post-

litigation publications; however, there are exceptions to this

rule

1. where it tends to bring the court into disrespect or, in

other words, to scandalize the court

2. where there is a clear and present danger that the

administration of justice would be impeded

Reported by:Reported by:

Aura Eryka Sto.TomasAura Eryka Sto.Tomas

Hana Kimberly AvenaHana Kimberly Avena

April Joy AngApril Joy Ang

Kamille Phoebe EnriquezKamille Phoebe Enriquez

Alleza Marra SantosAlleza Marra Santos

Alyssa Luz CaballeroAlyssa Luz Caballero

Girlianne Drensen RojasGirlianne Drensen Rojas

Francheska Bianca DelfinFrancheska Bianca Delfin