QuestionsQuestions (EXECUTIVE ORDER NO. 31)
Direct contempt may be imposed summarily on any person guilty of misbehavior in the presence of, or so near the CSC or its members as to obstruct or interrupt proceedings, including disrespectful or insulting language, derogatory remarks in pleadings/memoranda/position papers, offensive personalities, refusal to be sworn in or to answer as a witness, or refusal to subscribe an affidavit/deposition when required. The penalty may include public reprimand/censure and/or a fine not exceeding Two Hundred Pesos (P200).
No. Decisions of the Commission declaring any person in direct contempt are not appealable.
Indirect contempt requires due process: (1) a charge in writing must be filed, and (2) the respondent must be given an opportunity to be heard by himself or counsel.
Indirect contempt may be punished for disobedience or resistance to any lawful writ, process, order, decision, resolution, ruling, summons, subpoena, command, or injunction of the CSC; abuse or unlawful interference with CSC processes or proceedings, or improper conduct tending to impede/obstruct/delay/degrade implementation of lawful processes not constituting direct contempt; and deliberate failure to obey a subpoena or subpoena duces tecum duly served without valid justification.
Direct contempt covers misbehavior in the presence of, or so near the CSC as to obstruct or interrupt proceedings, including disrespect and refusal to be sworn in/answer or subscribe affidavits. Indirect contempt covers acts such as disobedience to CSC processes or unlawful interference that impede or obstruct implementation, but which do not fall under direct contempt; it requires a written charge and an opportunity to be heard.
A charge in writing must be filed, and the respondent must be given an opportunity to be heard by himself or counsel.
The Commission proceeds to investigate the charge and considers such answer or testimony as the respondent may make or offer.
The respondent may be punished by a fine of One Thousand Pesos (P1,000) for every act of indirect contempt.
Yes. Each day of defiance of, disobedience to, or non-enforcement of a final order, resolution, decision, ruling, injunction, or the CSC’s processes constitutes an indirect contempt of the Commission.
In addition to fines, the respondent may be liable for all damages as a consequence of the violation or omission, measured by the extent of loss/injury sustained by the aggrieved party due to the misconduct and non-enforcement, including costs of proceedings and interest on damages.
Damages are measured by the total amount of the aggrieved party’s salaries and other money benefits that would have accrued had the final CSC order/decision/resolution/ruling/injunction/process been enforced/implemented immediately.
The judgment or order of the CSC in indirect contempt may be reviewed by the Supreme Court via a petition for certiorari by the respondent within thirty (30) days from notice or receipt of the judgment or order.
The text expressly provides Supreme Court review by petition for certiorari within 30 days; it does not state an ordinary appeal right. Students should treat certiorari review as the specified mode in the circular.
They may apply to the CSC to declare any person within their jurisdiction in indirect contempt for acts/omissions described in the rules. If the act is punishable by direct contempt, the Regional Director is authorized to cite the offender in direct contempt in accordance with the rules.
The rules take effect fifteen (15) days after publication in the Official Gazette or in a newspaper of general circulation.
It is pursuant to Paragraph 11, Section 12, Chapter 3, Title I(A), Book V of Executive Order No. 292 (Administrative Code of 1987), which took effect on November 23, 1989, and CSC Resolution No. 90-788.