Title
People vs. Torio
Case
G.R. No. L-27152
Decision Date
Nov 2, 1982
Municipal Judge Estrada, late to a hearing due to car trouble, was fined for contempt without a formal charge or hearing. The Supreme Court ruled this violated due process, acquitting him as tardiness constitutes indirect contempt requiring proper proceedings.

Case Summary (G.R. No. L-27152)

Factual Background

The facts, as agreed upon by the appellant and the Solicitor General, reveal that Judge Estrada was the appointed attorney for the accused, Jose Vinluan. A hearing was set for July 28, 1966, at 2:00 PM, a time which Estrada acknowledged by signing a notification in open court. However, due to a pre-trial conference in a civil case, the hearing for the criminal case was postponed until 2:30 PM. When the case was called, Vinluan was present but unrepresented, as Estrada had not arrived. Vinluan attempted to contact Estrada via telephone but received no response. Upon Estrada's eventual arrival at 2:45 PM, fifteen minutes after the rescheduled hearing had commenced, he was met with a contempt ruling from the court.

Court Proceedings and Ruling

The presiding judge questioned Estrada upon his arrival regarding his delay. Estrada explained that he had experienced mechanical difficulties with his car en route to the courthouse. The judge dismissed this explanation as unsatisfactory and immediately ordered a fine of P50.00 to be paid within 24 hours, without providing a formal charge in writing or an opportunity for Estrada to be heard, which raised significant procedural concerns.

Issues Raised on Appeal

In his appeal, Judge Estrada contended that the lower court erred in (1) summarily ordering him to pay a fine without a written charge, given that the alleged contempt was indirect; (2) holding him in contempt without a proper hearing which deprived him of the chance to present his defense; and (3) mandating the payment of the fine within 24 hours despite the fact that the order would not become final for 15 days.

Legal Analysis

The appellate court recognized merit in Estrada's arguments, particularly focusing on the nature of contempt. The court clarified that a failure to appear in court is classified as indirect contempt, which requires due process including written charges and a hearing under Section 3, Rule 71 of the Rules of Court.

The court acknowledged that Estrada was merely fifteen minutes late and that unexpected events,

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