Question & AnswerQ&A (KNKP Resolution CHR NO. A2005-131)
Section 18 (1), Article XIII of the 1987 Constitution of the Philippines grants the CHR the power to adopt its operational guidelines and rules of procedure and cite for contempt for violations thereof in accordance with the Rules of Court.
Direct contempt includes misbehavior in the presence or near the CHR to obstruct or impede proceedings, disrespect or use of insulting language, offensive personalities towards others, refusal to be sworn or to answer as a witness, or refusing to subscribe and affirm an affidavit or deposition when lawfully required.
A person adjudged in direct contempt may be publicly reprimanded or censured and/or punished by a fine not exceeding Five Thousand Pesos (P5,000.00).
No, a person adjudged in direct contempt may not appeal the judgment or order but may avail themselves of the remedies of certiorari or prohibition pursuant to Section 2 of Rule 71 of the Rules of Court.
Indirect contempt includes disobedience or resistance to lawful writs or orders of the Commission; abuse or unlawful interference with CHR processes; improper conduct impeding CHR’s lawful actions; and deliberate failure to obey subpoenas without valid justification.
Yes, no person shall be cited for indirect contempt without a formal complaint filed by an aggrieved party or by the Commission motu proprio requiring the respondent to answer within ten (10) days.
The CHR en banc shall calendar the hearing within fifteen (15) days after the respondent's ten (10) day period to answer. The respondent is given the opportunity to be heard personally or through counsel during the formal hearing.
A fine of Three Thousand Pesos (P3,000.00) for every act of indirect contempt. Each day of disobedience to a final order constitutes indirect contempt. The respondent may also be liable for damages sustained due to non-compliance.
Yes, the decision of the CHR declaring guilt of indirect contempt may be appealed to the Supreme Court by petition for certiorari within fifteen (15) days from notice or receipt of the decision.
CHR special investigators or fact-finding teams must carry an official document issued and signed by the Commission en banc, Chairperson, any Commissioner, or Regional Director showing authority to investigate or monitor human rights violations or situations.