CONTEMPT

1. What is contempt?
It is the disobedience to the court By acting in oposition to its authority, justice and
dignity. It signifies not only - Willful disregard or disobedience to the court’s order but
also - conduct tending to bring the authority of the court and the administration of justice
to disrepute or in some manner to impede the administration of justice

2. Criminal contempt v. Civil contempt

As to its NATURE Criminal – Punitive in nature
CIvil – Remedial in nature

As to its PURPOSE
Criminal
1. to preserve the court’s authority and 3.
2. to punish for disobedience of its orders
Civil
1. To provide a remedy for an injured suitor
2. To coerce compliance with an order

As to the NECESSITY OF INTENT

Criminal - intent is necessary
Civil - intent is NOT NECESSARY

As to DEGREE OF PROOF REQUIRED

Criminal - Proof beyond reasonable doubt
Civil - mere preponderance of evidence

As to availability of appeal
Criminal - if accused is acquitted, there can be NO appeal
Civil - if judgment is for respondent, there can be an appeal

3. which necessitates intent? In criminal contempt, intent is necessary.

4.if a person appeared in court and pretended to be a lawyer, can he be liable for
contempt? Why it is indirect contempt?

5. Grounds for direct contempt

1. Misbehavior in the presence or so near a court as to obstruct or interupt the
proceedings before the same
2. Disrespect towards the court
3. Offensive personalities towards others
4. Refusal to be sworn or to answer as witness
5. Rufusal to subscribe to an affodavit or deposition when lawfully required to do
so
6. When the counsel willfully and deliberately engages in forum shopping

6. If a person repeatedly claims that he is a lawyer even if it is not in court, can he be

liable for contempt? Not direct? Why?
Yes. Indirect contempt. Such act constitutes indirect contempt
7. Requisites in indirect contempt ****

8. The procedure in indirect contempt

Filing of formal charge by the court against which the contempt has been committed
requiring the respondent to show cause why he should not be punished for contempt

A verified petition charging an indirect contempt with supporting, particluars and

certified true copies of the necessary docs and papers with certificate of non- forum
shopping

A charge must be in writing to be filed;

An opportunity to be heard and explain his conduct;
To be heard by himself or counsel.

9. Is there a proceeding in direct contempt?

NO. Summary proceedings e.

10. Can the NLRC cite person in contempt?

Yes. As an co-equal with the RTC. Provided that there should have a legislative
intent.

11. How about the COMELEC? It has no contempt power?

Yes. Same with 10.

12. A had difficulty in finding a parking a slot and saw a reserved slot for Judge
Alaras. If A took the slot and judge saw him, can A be cited for contempt if he
refused to vacate the slot?

No because such act is not in line with the exercise of duty of the judge. Parking is
not part of the duties of the court.

13. Court issued Writ of Execution directing defendant to vacate the property but he
refused, may the defendant be cited for indirect contempt?

14. Remedy if defendant will not follow the writ of execution?

He may be held in contempt?

15. If indirect contempt was committed before the RTC, where do you file?

In the same court

16. If in MTC?
It can be filed in MTC then RTC as the appellate court.

17. Penalty for indirect contempt

30,0000 plus not more than 6 months imprisonment

18. Remedy of person cited for indirect contempt?

Certiorari or prohibition

19. How about in direct contempt?

Appeal

WRIT OF KALIKASAN

1. When is writ of kalikasan available?

It is available when when there is an environmental damage of such magnitude
that will prejuduce the life, health or property of inhabitant of 2 or more cities

2. is this an extraordinary remedy?

YES . The underlying emphasis in the Writ of Kalikasan is magnitude as it deals
with damage that transcends political and territorial boundaries.

3. what do you mean by “magnitude” in writ of kalikasan?

Magnitude is thus measured according to the qualification set forth in this Rule —

when there is environmental damage that prejudices the life, health and property
of inhabitant of two or more cities or provinces.

4. Who may avail?

The petition for the issuance of a Writ of Kalikasan can be filed by any of the
following:
(1) a natural or juridical person;
(2) entity authorized by law; or
(3) people’s organization, non-governmental organization, or any public interest
group accredited by or registered with any government agency “on behalf of
persons whose constitutional right to a balanced and healthful ecology is
violated... involving environmental damage of such magnitude as to prejudice the
life, health or property of inhabitants in two or more cities or provinces.” Those
who may file for this remedy must represent the inhabitants prejudiced by the
environmental damage subject of the writ.

5. Purpose of the accreditation of public interest group? The requirement of

accreditation of a group or organization is for the purpose of verifying its
existence.
The accreditation is a mechanism to prevent “fly by night” groups from abusing
the writ.
6. acts covered by writ of kalikasan The Writ of Kalikasan is a special remedy
available against an unlawful act or omission of a public official or employee, or
private individual or entity, involving environmental damage of such magnitude as
to prejudice the life, health or property of inhabitants in two or more cities or
provinces.

7. essential allegations in the petition

8. contents of the petition

SEC. 2. Contents of the petition. – The verified petition shall contain the
following:

(a) The personal circumstances of the petitioner;

(b) The name and personal circumstances of the respondent or if the name and
personal circumstances are unknown and uncertain, the respondent may be
described by an assumed appellation;
(c) The environmental law, rule or regulation violated or threatened to be
violated, the act or omission complained of, and the environmental damage of
such magnitude as to prejudice the life, health or property of inhabitants in two or
more cities or provinces.
(d) All relevant and material evidence consisting of the affidavits of witnesses,
documentary evidence, scientific or other expert studies, and if possible, object
evidence;
(e) The certification of petitioner under oath that:
(1) petitioner has not commenced any action or filed any claim involving the
same issues in any court, tribunal or quasi-judicial agency, and no such other
action or claim is pending therein;
(2) if there is such other pending action or claim, a complete statement of its
present status;
(3) if petitioner should learn that the same or similar action or claim has been
filed or is pending, petitioner shall report to the court that fact within five (5) days
therefrom; and
(f) The reliefs prayed for which may include a prayer for the issuance of a TEP
9. what if the name of respondent is unknown? If the name and personal
circumstances are unknown and uncertain, the respondent may be described by
an assumed appellation
10. remedy may be availed of by the petitioner

11. where do you file the petition?

SEC. 3. Where to file. – The petition shall be filed with the Supreme Court or with
any of the stations of the Court of Appeals.

12. If filed with the CA, what should be alleged to allow the issuance of the writ?
13. Does CA have stations?
YES

14. What are the stations of CA?

(ANS. Manila, Cebu, CDO) 1999 INTERNAL RULES OF THE COURT OF
APPEALS (IRCA) Section 2. Stations and Place of Holding Sessions. — a.
Unless otherwise provided by law, the Court shall have its permanent stations as
follows: the first seventeen
(17) Divisions in Manila, for cases coming from the first to fifth judicial regions;
the eighteenth, nineteenth and twentieth Divisions in Cebu City, for cases coming
from the sixth, seventh, and the twenty-first, twenty-second and twenty-third
Divisions in Cagayan de Oro City, for cases coming from the ninth, tenth,
eleventh and twelfth judicial regions (R.A. 8246)

15. Rationale for exemption in payment of docket fees The exemption from
payment of docket fees is consistent with the character of the reliefs available
under the writ, which excludes damages for personal injuries. This exemption
also encourages public participation in availing of the remedy.

16. Period of time to issue writ of kalikasan

17. what should be contained in the order?

18. who will serve the writ?

SEC. 6. How the writ is served. – The writ shall be served upon the respondent
by a court officer or any person deputized by the court 19. manner of serving the
writ SEC.
6. How the writ is served. – In case the writ cannot be served personally, the rule
on substituted service shall apply.

20. when will the respondent file return?

21. can respondent file motion for extension to file return?

NO Motion for extension of time is prohibited pleading and and 10 days is non-
extendable

22. contents of return

All defenses to show that respondents did not violate or resulted to allow the
violation of any environmental laws
23. prohibited pleadings

SEC. 9. Prohibited pleadings and motions. –

The following pleadings and motions are prohibited:
(a) Motion to dismiss;
(b) Motion for extension of time to file return;
(c) Motion for postponement;
(d) Motion for a bill of particulars;
(e) Counterclaim or cross-claim;
(f) Third-party complaint;
(g) Reply; and
(h) Motion to declare respondent in default. Prohibited pleadings and motions.
The enumerated pleadings and motions are prohibited to expedite the hearing of
the petition.

24. is motion for intervention allowed? why? YES.

A motion for intervention is excluded from this enumeration. Allowing this motion
is a reaffirmation of the public participation aspect in the Writ of Kalikasan since
there may be a large, qualified pool of possible representatives interested in
availing of the remedy.

25. what if respondent fails to file return?

SEC. 10. Effect of failure to file return. – In case the respondent fails to file a
return, the court shall proceed to hear the petition ex parte.

26. nature of hearing

27. discovery measures

1. Ocular Inspection
2. Production or inspection of documents

28. are the discovery measures available only to petitioner?

NO. The discovery measures are available to all parties to the writ.

29. Purpose of ocular inspection

To establish the magnitude of the violation or the threat as to prejudice the life,
healthy or propery of the inhabitants of 2 or more cities or provinces

30. What should support motion for ocular inspection?

Affidavtis of witnesses

31. purpose of production or inspection of documents and things?

To establish the magnitude

32. what if the person who receives the order refused to abide with the same,
what is the remedy?

INDIRECT CONTEMPT

33. Instances where indirect contempt may be cited by the court in kalikasan
Refuses or undue delay
False return
Any person who disobeys or neglect to follow order
34. what are the reliefs in kalikasan

Sec 15. Is the answer

35. may court award damages for personal injuries?

NO. no damages may be awarded in a petition for the issuance of a Writ of

Kalikasan consistent with the public-interest character of the petition.

A party who avails of this petition but who also wishes to be indemnified for
injuries suffered may file another suit for the recovery of damages since the Rule
on the Writ of Kalikasan allows for the institution of separate actions

36. how can party avail of other remedies?

Filing of a separate action

37. are the reliefs in kalikasan exclusive? No

38. remedy available to aggrieved party issues to be raised in appeal. The

appeal may raise questions of fact

40. question of law v. question of fact

A question of law arises when there is doubt as to what the law is on a certain
state of facts, while there is a question of fact when the doubt arises as to the
truth or falsity of the alleged facts.

For a question to be one of law, the same must not involve an examination of the
probative value of the evidence presented by the litigants or any of them. The
resolution of the issue must rest solely on what the law provides on the given set
of circumstances. Once it is clear that the issue invites a review of the evidence
presented, the question posed is one of fact. Thus, the test of whether a question
is one of law or of fact is not the appellation given to such question by the party
raising the same; rather, it is whether the appellate court can determine the issue
raised without reviewing or evaluating the evidence, in which case, it is a
question of law; otherwise it is a question of fact.

41. Why is kalikasan limited only to CA and SC? The magnitude of the
environmental damage is the reason for limiting where the writ may be filed, to
the Supreme Court or Court of Appeals whose jurisdiction is national in scope.
WRIT OF CONTINUING MANDAMUS

Requisites of continuing mandamus

1. There must be a clear and legal right or duty
2. The act to be performed must be practical
3. Respondent must be exercising ministerial duty
4. The duty or the act to be performed must be in connection with the
enforcement or violation of an environmental law rule or regulation or a right
5. There is no other plain speedy and adequate remedy in the ordinary course of
law

2. form required in petition for issuance of writ of continuing mandamus

3. where can you file the petition? - RTC exercsising jurisdiction over the territory
where actionable neglect or omission occurred or - CA or - SC

4. docket fees NO DOCKET FEES The petitioner shall be exmpt from the
payment of docket fees

5. if court finds that petition is sufficient in form and substance, what should the
court do? The court shall ISSUE THE WRIT and REQUIRE THE RESPONDENT
TO REPLY TO COMMENT WITHIN 10 DAYS FROM RECEIPT OF THE COPY
THEREOF

6. when will the court issue TEPO? - PENDING THE PROCEEDINGS AND
PRIOR TO THE ISSUANCE OF THE WRIT

7. When to resolve the petition? The petition shall be resolved without delay
within 60 days from the date of the submission of the petition for resolution

8. what shall be stated in the dispositive portion of judgment?

9. is TEPO similar to injunctive reliefs under R65? Yes The section on TEPO is
similar to Section 7, Rule 65 (Expediting proceedings; injunctive reliefs) of the
Rules of Court.

10. Is the writ an independent action?

11. after judgment, will the court already lose its jurisdiction in the case? NO. It
permits the court to retain jurisdiction after judgment in order to ensure the
successful implementation of the reliefs mandated under the court’s decision.
12. Lifetime of TEPO a TEPO effective for only seventy-two (72) hours from date
of the receipt of the TEPO by the party or person enjoined

13. Petition for issuance of writ of continuing mandamus is filed but not yet
raffled, can judge already issue TEPO? YES. – If it appears from the verified
complaint with a prayer for the issuance of an Environmental Protection Order
(EPO) that the matter is of extreme urgency and the applicant will suffer grave
injustice and irreparable injury, - the executive judge of the multiple-sala court
before raffle or the presiding judge of a single-sala court as the case may be,
may issue ex parte a TEPO

14. What will happen within the 72-hour period? Within said period, the court
where the case is assigned, shall conduct a summary hearing to determine
whether the TEPO may be extended until the termination of the case

15. Writ ok Kalikasan v. Writ of Continuing Mandamus WRIT OF KALIKASAN

WRIT OF CONTINUING MANDAMUS

Subject matter.

A Writ of Kalikasan is available against an unlawful act or omission of a public

official or employee, or private individual or entity, involving environmental
damage of such magnitude as to prejudice the life, health or property. In addition,
magnitude of environmental damage is a condition sine qua non in a petition for
the issuance of a Writ of Kalikasan and must be contained in the verified Subject
matter.

A Writ of Continuing Mandamus is directed against

(a) the unlawful neglect in the performance of an act which the law specifically
enjoins as a duty resulting from an office, trust or station in connection with the
enforcement or violation of an environmental law rule or regulation or a right
therein; or

(b) the unlawfully exclusion of another from the use or enjoyment of such right
and in both instances, there is no other plain, speedy and adequate remedy in
the ordinary course of law. Who may file. , A petition for the issuance of a Writ of
Kalikasan is available to a broad range of persons such as natural or juridical
person, entity authorized by law, people’s organization, non-governmental
organization, or any public interest group accredited by or registered with any
government agency, on behalf of persons whose right to a balanced and
healthful ecology is violated or threatened to be violated. Who may file. A Writ of
Continuing Mandamus is available only to one who is personally aggrieved by
the unlawful act or omission. Respondent in a petition for a Writ of Kalikasan,
where the respondent may be a private individual or entity. Respondent the
respondent in a petition for continuing mandamus is only the government or its
officers,