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February 15, 1993

PART V
PARTICULAR ACTIONS OR PROCEEDINGS

D. SPECIAL RELIEFS

Rule 29
Contempt



Section Guide

     Sec. 1. Direct contempt punished summarily

     Sec. 2. Indirect contempt

     Sec. 3. Penalty for indirect contempt

     Sec. 4. Warrant of arrest on a witness who fails to attend
 

Section Details

      Section 1. Direct Contempt Punished Summarily. - A person guilty of misbehavior in the presence of or so near the Commission or any of its Divisions as to obstruct or interrupt the proceedings before it or them, including disrespect toward the Commission or Division, offensive personalities toward others or refusal to be sworn or to answer as a witness, or to subscribe to an affidavit or deposition when lawfully required to do so, may be summarily adjudged in direct contempt by the Commission or any of its Division and punished by a fine not exceeding two hundred (P200.00) pesos or imprisonment not exceeding ten (10) days, or both, at the discretion of the Commission or Division.

      Sec. 2. Indirect Contempt. - After charge in writing has been filed with the Commission or Division, as the case may be, and an opportunity given to the respondent to be heard by himself or counsel, a person guilty of the following acts may be punished for indirect contempt:

    1. Misbehavior of the responsible officer of the Commission in the performance of his official duties or in his official transactions;

    2. Disobedience of or resistance to a lawful writ, process, order, judgment or command of the Commission or any of its Divisions, or injunction or restraining order granted by it;

    3. Any abuse of or any unlawful interference with the process or proceedings of the Commission or any of its Divisions not constituting direct contempt under Section 1 of this Rules;

    4. Any improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the administration of justice by the Commission or any of its Divisions;

    5. Assuming to be an attorney and acting as such without authority; and

    6. Failure to obey a subpoena duly served.

      Sec. 3. Penalty for Indirect Contempt. - If adjudged guilt, the accused may be punished by a fine not exceeding one thousand (P1,000.00) pesos or imprisonment for not more than six (6) months, or both, at the discretion of the Commission or Division.

      Sec. 4. Warrant of Arrest on a Witness Who Fails to Attend. - Any provision of these Rules to the contrary notwithstanding, in case of failure of a witness to attend despite the issuance of a valid subpoena, the Commission or any of its Divisions, upon proof of service of the subpoena to said witness, may issue a warrant of arrest against said witness and direct that he be brought before the Commission or any of its Divisions where his attendance is required.
 

Rule 28 RULES OF PROCEDURE

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Rule 30