Philippine Bar review · Question

Practice question: Direct vs. Indirect Contempt

Multiple Choice Medium

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?
  1. Every courtroom obstruction is legally immune.
  2. A separate indirect-contempt petition is always indispensable for every contempt.
  3. The opponent alone can decide guilt.
  4. The clerk must privately impose punishment.
  5. 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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