Question & AnswerQ&A (CSC MEMORANDUM CIRCULAR NO. 42)
The basis is Paragraph 11, Section 12, Chapter 3, Title I(A), Book V of Executive Order No. 292 (Administrative Code of 1987) and CSC Resolution No. 90-788 promulgated on August 22, 1990.
Acts include misbehavior in the presence of the Commission or its members that obstruct or interrupt proceedings, disrespectful or insulting language, derogatory remarks in pleadings or memoranda, offensive personalities, refusal to be sworn in, refusal to answer as a witness, or refusal to subscribe to an affidavit or deposition when required.
No, decisions of the Commission declaring any person in direct contempt are not appealable.
The penalties may include public reprimand, censure, and/or a fine not exceeding two hundred pesos.
Indirect contempt includes disobedience or resistance to lawful writs or orders, abuse or unlawful interference with Commission processes, and deliberate failure to obey a properly served subpoena without valid justification.
Yes, a written charge must be filed and the respondent must be given an opportunity to be heard by himself or counsel before being punished for indirect contempt.
The maximum fine is one thousand pesos (P1,000.00) for each act of indirect contempt.
The respondent may be liable for all damages caused by their misconduct or disobedience, measured by the loss or injury sustained by the aggrieved party, including costs of proceedings and payment of interest on damages.
Damages refer to the total amount of salaries and other monetary benefits the aggrieved party would have received had the order been immediately enforced.
Yes, judgments or orders on indirect contempt may be reviewed by the Supreme Court through a petition for certiorari filed within 30 days from receipt of the judgment or order.
Yes, they may apply to the Commission to declare indirect contempt within their jurisdiction and are authorized to cite offenders in direct contempt in accordance with the rules.
They took effect fifteen (15) days after publication in the Official Gazette or in a newspaper of general circulation, after August 22, 1990.