Practice question
During an actual hearing, a person engages in the obstructive misbehavior described in §1 within the judge's presence. Counsel argues that the judge must always start a separate indirect-contempt petition before addressing it. Which is correct?
- Every courtroom obstruction is legally immune.
- A separate indirect-contempt petition is always indispensable for every contempt.
- The opponent alone can decide guilt.
- The clerk must privately impose punishment.
- Direct contempt within §1 may be summarily adjudged; the separate §3–§4 procedure concerns indirect contempt.
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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