QuestionsQuestions (KNKP Resolution CHR NO. A2005-131)
Under Section 18(1), Article XIII of the 1987 Constitution, CHR may cite for contempt for violation of its operational guidelines and rules of procedure in accordance with the Rules of Court. The implementing laws include Executive Order (E.O.) No. 163 (1987), Section 3(2), and the Administrative Code of 1987 (E.O. 292), Book V, Title II, Subtitle A, Section 2(2), which likewise recognize CHR’s authority to adopt rules and cite for contempt under the Rules of Court.
The resolution adopts and promulgates the CHR Rules of Procedures on Contempt Power, distinguishing between direct contempt and indirect contempt, and laying out the corresponding acts, penalties, procedure, and remedies.
Direct contempt includes misbehavior in the presence of or so near the Commission (or any of its members) as to obstruct, interrupt, frustrate, or impede proceedings, including disrespect, use of insulting language or derogatory remarks in pleadings/memoranda/position papers, offensive personalities towards others, refusal to be sworn or to answer as witness, or refusal to subscribe and affirm under oath an affidavit/deposition when lawfully required.
For direct contempt, CHR may publicly reprimand or censure and/or punish by a fine not exceeding Five Thousand Pesos (₱5,000.00).
No. The rules state that a person adjudged in direct contempt may not appeal the judgment or order, but may avail of remedies of certiorari or prohibition under Section 2 of Rule 71 of the Rules of Court.
Indirect contempt includes: (a) disobedience or resistance to a lawful writ/process/order/decision/resolution/ruling/summons/subpoena/command of CHR; (b) abuse or unlawful interference with CHR processes or proceedings not constituting direct contempt; (c) improper conduct tending to impede/obstruct/delay/hamper/degrade implementation of CHR lawful processes not constituting direct contempt; and (d) deliberate failure to obey a subpoena or subpoena duces tecum/subpoena duces tecum ad testificandum duly served without valid justification.
No. Indirect contempt requires either a formal complaint filed by an aggrieved party or CHR motu proprio, through an order/charge requiring the respondent to answer and show cause.
The respondent must be required to answer within ten (10) days from receipt of the order or summons and to show cause why they should not be punished for contempt.
The CHR en banc must calendar for hearing the contempt proceedings within fifteen (15) days from the expiration of the ten (10) days show-cause period given to the respondent.
Indirect contempt may be imposed only after due proceedings and an opportunity given to the respondent to be heard personally or by counsel. On the hearing date, CHR investigates the charge and considers the respondent’s answer or evidence.
A person adjudged guilty of indirect contempt may be punished by a fine of ₱3,000.00 for every act. Each day of defiance/disobedience/non-enforcement of a final CHR order, resolution, decision, ruling, or process constitutes indirect contempt. If contempt involves violation or omission of an act still within the respondent’s power, the respondent may also be held liable for damages sustained by the aggrieved party.
Damages refer to the amount of salaries and/or other monetary benefits that would have accrued to the aggrieved party had the final CHR order/decision/resolution/ruling/process been enforced or implemented on time.
The decision or order declaring the respondent guilty of indirect contempt may be appealed to the Supreme Court by petition for certiorari within fifteen (15) days from notice or receipt of a copy of the decision/order; otherwise, it becomes final and executory.
In such cases, the concerned CHR Regional Director applies or petitions before the CHR en banc to declare the person within their jurisdiction in indirect contempt for the acts or omissions set forth in the rules.
The rules must be published by filing three (3) certified copies with the University of the Philippines Law Center. They take effect upon expiration of fifteen (15) days from the date of receipt of the required copies by the UP Law Center.