CONTEMPT OF COURT

It is the willful disregard or disobedience of a public authority. In its broad sense, contempt is a disregard of, or disobedience to, the rules or orders of a legislative or judicial body or an interruption of its proceedings by disorderly behavior or insolent language in its presence or so near thereto as to disturb its proceedings or to impair the respect due to such a body. In its restricted and more usual sense, contempt comprehends a despising of the authority, justice, or dignity of a court. The phrase contempt of court is generic, embracing within its legal signification a variety of different acts.The power to punish for contempt is inherent in all courts and need not be specifically granted by statute. x x x x

           

         Contempt of court is of two kinds, namely: direct contempt, which is committed in the presence of or so near the judge as to obstruct him in the administration of justice; and constructive or indirect contempt, which consists of willful disobedience of the lawful process or order of the court. (Narcida v. Bowen, 22 Phil. 365.). The punishment for the first is generally summary and immediate, and no process or evidence is necessary because the act is committed in facie curiae. The inherent power of courts to punish contempt of court committed in the presence of the courts without further proof of facts and without aid of a trial is not open to question, considering that this power is essential to preserve their authority and to prevent the administration of justice from falling into disrepute; such summary conviction and punishment accord with due process of law. There is authority for the view, however, that an act, to constitute direct contempt punishable by summary proceeding, need not be committed in the immediate presence of the court, if it tends to obstruct justice or to interfere with the actions of the court in the courtroom itself. Also, contemptuous acts committed out of the presence of the court, if admitted by the contemnor in open court, may be punished summarily as a direct contempt although it is advisable to proceed by requiring the person charged to appear and show cause why he should not be punished when the judge is without personal knowledge of the misbehavior and is informed of it only by a confession of the contemnor or by testimony under oath of other persons. In contrast, the second usually requires proceedings less summary than the first. The proceedings for the punishment of the contumacious act committed outside the personal knowledge of the judge generally need the observance of all the elements of due process of law, that is, notice, written charges, and an opportunity to deny and to defend such charges before guilt is adjudged and sentence imposed. Plainly, therefore, the word summary with respect to the punishment for contempt refers not to the timing of the action with reference to the offense but to the procedure that dispenses with the formality, delay, and digression that result from the issuance of process, service of complaint and answer, holding hearings, taking evidence, listening to arguments, awaiting briefs, submission of findings, and all that goes with a conventional court trial. (LORENZO SHIPPING CORPORATION ET AL. VS. DISTRIBUTION BUTTON MANAGEMENT ASSOCIATION OF THE PHILIPPINES ET AL., G.R. NO. 155849, AUGUST 31, 2011, BERSAMIN, J.).

            

       in-court contempts and out-of-court contempts: A distinction between in-court contempts, which disrupt court proceedings and for which a hearing and formal presentation of evidence are dispensed with, and out-of-court contempts, which require normal adversary procedures, is drawn for the purpose of prescribing what procedures must attend the exercise of a court’s authority to deal with contempt. The distinction does not limit the ability of courts to initiate contempt prosecutions to the summary punishment of in-court contempts that interfere with the judicial process. (Young v. United States, 481 US 787.). (LORENZO SHIPPING CORPORATION ET AL. VS. DISTRIBUTION BUTTON MANAGEMENT ASSOCIATION OF THE PHILIPPINES, G.R. NO. 155849, AUGUST 31, 2011, BERSAMIN, J.).