Monday, September 24, 2012

PROCEEDINGS FOR CONTEMPT ARE SUI GENERIS, IN NATURE CRIMINAL, BUT MAY BE RESORTED TO IN CIVIL AS WELL AS CRIMINAL ACTIONS, AND INDEPENDENTLY OF ANY ACTION.

   They are of two classes, the criminal or punitive, and the civil or remedial. A criminal contempt consists in conduct that is directed against the authority and dignity of a court or of a judge acting judicially, as in unlawfully assailing or discrediting the authority and dignity of the court or judge, or in doing a duly forbidden act. A civil contempt consists in the failure to do something ordered to be done by a court or judge in a civil case for the benefit of the opposing party therein. (Perkins v. Director of Prisons, 58 Phil. 271.) x x x x Where the dominant purpose is to enforce compliance with an order of a court for the benefit of a party in whose favor the order runs, the contempt is civil; where the dominant purpose is to vindicate the dignity and authority of the court, and to protect the interests of the general public, the contempt is criminal. Indeed, the criminal proceedings vindicate the dignity of the courts, but the civil proceedings protect, preserve, and enforce the rights of private parties and compel obedience to orders, judgments and decrees made to enforce such rights. (LORENZO SHIPPING CORPORATION ET AL. VS. DISTRIBUTION BUTTON MANAGEMENT ASSOCIATION OF THE PHILIPPINES ET AL., G.R. NO. 155849, AUGUST 31, 2011, BERSAMIN, J.). 

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