Philippine Bar review · Question

Practice question: Direct vs. Indirect Contempt

Multiple Choice Hard

Practice question

A party files only an unverified contempt motion inside the main case. The court has not itself issued a show-cause order or other formal charge adopting its own indirect-contempt initiation. Without the required petition or opportunity to answer, the respondent is adjudged guilty of alleged out-of-court disobedience. Which is correct?
  1. The stated process omits the applicable initiation and hearing safeguards for indirect contempt.
  2. Any mention of contempt permits immediate imprisonment.
  3. The main case automatically supplies every missing formal charge.
  4. The opponent's verification is never relevant.
  5. The respondent's silence before any notice necessarily proves guilt.

Legal references

  • https://sc.judiciary.gov.ph/wp-content/uploads/2022/08/2019-rules-of-civil-procedure.pdf — Supreme Court current2019 Rules69–71.
  • https://lawphil.net/courts/rules/rc_1-71_civil.html — Rules69–71, read with current2019 and2022 expedited-procedure amendments.
  • https://lawphil.net/judjuris/juri2024/aug2024/gr_261123_2024.html — GR261123, August2024, main decision (Rule71 initiation).

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