Law Summary
Objective and Adoption of Contempt Rules
- The rules establish procedures to enforce CHR’s contempt power against contumacious acts.
- They are designed to support CHR’s investigatory, monitoring, and visitorial functions.
- The CHR en banc adopted and promulgated these rules to govern the exercise of contempt powers.
Direct Contempt - Definition and Examples
- Direct contempt occurs when a person misbehaves in or near CHR proceedings, obstructing or impeding them.
- Includes disrespect, insulting or derogatory language in pleadings, offensive personalities, refusal to be sworn, or refusal to answer or affirm affidavits if lawfully required.
Penalties for Direct Contempt
- Public reprimand or censure.
- Fine not exceeding Five Thousand Pesos (₱5,000.00).
Remedies Against Direct Contempt Judgment
- Judgments on direct contempt are not appealable.
- The accused may seek relief via certiorari or prohibition under Section 2, Rule 71 of the Rules of Court.
Indirect Contempt - Definition and Acts Punished
- Indirect contempt includes: a. Disobedience or resistance to lawful CHR writs, orders, decisions, subpoenas. b. Abuse or unlawful interference with CHR processes not amounting to direct contempt. c. Improper conduct impeding lawful CHR orders. d. Failure to obey subpoena or subpoena duces tecum without valid justification.
Complaint and Proceedings for Indirect Contempt
- Indirect contempt citations require a formal complaint by an aggrieved party or motu proprio by the Commission.
- The respondent must answer within 10 days upon receipt of complaint/order.
- CHR en banc must schedule a hearing within 15 days after the 10-day answer period.
Authority of CHR Investigators and Official Documents
- CHR investigators or teams carry official documents showing authority to investigate or monitor human rights violations or situations.
- The document specifies expected actions of the recipient.
- Issued and signed by CHR en banc, Chairperson, Commissioner, or Regional Director within jurisdiction.
Formal Hearing in Indirect Contempt Cases
- Due process requires an opportunity for the respondent to be heard by self or counsel.
- The Commission investigates charges and considers evidence on hearing day.
- CHR may issue orders, require presence of respondent, or hold custody pending proceedings.
Penalties for Indirect Contempt
- Fine of Three Thousand Pesos (₱3,000.00) for every act.
- Each day of noncompliance with final CHR orders constitutes a separate contempt.
- Possible liability for damages including accrued salaries or monetary benefits lost due to non-enforcement.
Appeals on Indirect Contempt Decisions
- Respondents may petition the Supreme Court for certiorari within 15 days from notice of CHR decision.
- Failure to appeal renders the decision final and executory.
Contempt Powers of Regional Directors
- Regional Directors may petition the CHR en banc to declare persons in indirect contempt within their jurisdiction.
Rule Publication and Effectivity
- Rules shall be published by filing certified copies with the University of the Philippines Law Center.
- Effectivity is 15 days after the U.P. Law Center receives the certified copies.
Signatories and Formal Adoption
- Rules were adopted on 20 September 2005 by the CHR en banc, including Chairperson Purificacion C. Valera Quisumbing and Commissioners.
- Attested by Acting Commission Secretary Maria Asuncion I. Mariano Maravilla.