Constitutional and legal basis
- The contempt power is anchored on Section 18 (1), Article XIII of the 1987 Constitution, which authorizes the CHR to adopt operational guidelines and rules of procedure and cite for contempt for violations thereof in accordance with the Rules of Court.
- Executive Order No. 163 (1987) implements the constitutional provision by granting the CHR authority to adopt operational guidelines and rules of procedure and cite for contempt for violations thereof in accordance with the Rules of Court (Section 3 (2)).
- Executive Order No. 292, the Administrative Code of 1987, also recognizes the CHR power to adopt operational guidelines and rules of procedure and cite for contempt for violations thereof in accordance with the Rules of Court (Section 2(2), Title II, Subtitle A of Book V).
- The rules relate to earlier CHR procedural frameworks: CHR adopts its Revised Rules in the Conduct of Investigation/Hearing of Complaints for Violation of Human Rights through Resolution No. A-89-109A dated 19 July 1989.
- CHR issues guidelines for pursuing human rights violation complaints through Resolution No. A93-047 dated 11 August 1993.
- The resolution’s purpose is to strengthen CHR’s human rights investigation, visitorial, and monitoring powers by promulgating rules governing enforcement of the CHR contempt power against contumacious acts.
Coverage: acts that trigger contempt
- The rules apply to any person who commits acts defined as direct contempt or indirect contempt in relation to CHR proceedings and commands (Sections 1 and 4).
- Direct contempt applies when a person misbehaves in the presence of CHR or so near CHR or any of its members as to obstruct, interrupt, frustrate, or impede CHR proceedings (Section 1).
- Indirect contempt applies when a person commits specified acts involving disobedience or interference with CHR processes or proceedings, including subpoenas (Section 4).
- The rules also cover contempt committed against CHR Regional Directors or deputized hearing officers, through the procedural mechanism in Section 10.
Direct contempt: defined acts and penalty
- A person commits direct contempt when the person misbehaves in the presence of CHR or so near it as to obstruct, interrupt, frustrate, or impede CHR proceedings (Section 1).
- Direct contempt includes disrespect toward CHR and the use of insulting language or derogatory remarks in pleadings, memoranda and/or position papers, as well as offensive personalities toward others (Section 1).
- Direct contempt includes refusal to be sworn, refusal to answer as a witness, or refusal to subscribe and affirm under oath an affidavit or deposition when lawfully required to do so (Section 1).
- If adjudged guilty of direct contempt, CHR may impose publicly reprimanded or censured and/or impose a fine not exceeding Five Thousand Pesos (P5,000.00) (Section 2).
- A person adjudged in direct contempt may not appeal the judgment or order (Section 3).
- The remedy for a person adjudged in direct contempt is limited to certiorari or prohibition under Section 2 of Rule 71 of the Rules of Court (Section 3).
Indirect contempt: defined acts
- A person commits indirect contempt by disobedience or resistance to any lawful writ, process, order, decision, resolution, ruling, summons, subpoena or command of CHR (Section 4(a)).
- Indirect contempt includes abuse of, or unlawful interference with, CHR processes or proceedings that do not constitute direct contempt as described for direct contempt (Section 4(b)).
- Indirect contempt includes improper conduct that tends, directly or indirectly, to impede, obstruct, delay, hamper, or degrade implementation of any lawful writ, process, order, decision, resolution, ruling, or command of CHR that does not constitute direct contempt (Section 4(c)).
- Indirect contempt includes deliberate failure to obey a subpoena, subpoena duces tecum, or subpoena duces tecum ad testificandum duly served without valid justification (Section 4(d)).
Procedure for indirect contempt
- No person is cited for indirect contempt without a formal complaint filed by an aggrieved party or by CHR motu proprio (Section 5).
- CHR initiates indirect contempt by issuing an order or any other formal charge requiring the respondent to answer within ten (10) days from receipt of the order or summons and to show cause why the respondent should not be punished (Section 5).
- CHR en banc calendars the contempt proceeding for hearing within fifteen (15) days from the expiration of the ten (10) days show-cause period given to the respondent (Section 5).
- Indirect contempt is imposed only after due proceedings and after giving the respondent an opportunity to be heard personally or by counsel (Section 7).
- On the hearing date, CHR investigates the charge and considers the respondent’s answer or evidence (Section 7).
- CHR is authorized to issue processes or orders, require the respondent to appear or be present, and hold the respondent in custody pending the proceedings (Section 7).
- When CHR investigators or monitoring teams are on mission, they bring an official document addressed to the concerned party showing CHR’s authority to investigate and/or monitor, and indicating the actions expected from the recipients (Section 6).
- The official document required for investigation/monitoring is issued and signed by CHR en banc, or for CHR by the Chairperson or any Commissioner, or by authority of CHR by the Regional Director for matters within the regional office’s jurisdiction (Section 6).
Indirect contempt penalties and damages
- A person adjudged guilty of indirect contempt may be punished by a fine of Three Thousand Pesos (P3,000.00) for every act thereof (Section 8).
- Each day of defiance of, disobedience to, or non-enforcement of a final order, resolution, decision, ruling, or processes of CHR constitutes indirect contempt (Section 8).
- If contempt consists in violation of, or omission to do, an act still within the respondent’s power to perform, the respondent may be held liable for all damages sustained by the aggrieved party as a consequence (Section 8).
- “Damages” are defined as the amount of salaries and/or other monetary benefits that would have accrued had the CHR final order, decision, resolution, ruling, or processes been enforced or implemented on time (Section 8).
Appeals and regional director mechanism
- A decision or order declaring a respondent guilty of indirect contempt is appealable to the Supreme Court by petition for certiorari filed within fifteen (15) days from notice or receipt of the copy of the decision or order (Section 9).
- If no petition for certiorari is filed within the fifteen (15) days, the order becomes final and executory (Section 9).
- For contempt committed against any CHR Regional Director or deputized hearing officer, the Regional Director applies or petitions before CHR en banc to declare a person in their jurisdiction guilty of indirect contempt under the rules (Section 10).
Publication and effectivity mechanics
- CHR requires publication by filing three (3) certified copies of the rules with the U.P. Law Center (Section 11).
- The rules take effect after fifteen (15) days from the date of receipt of the required copies by the U.P. Law Center (Section 12).
- The resolution is adopted on 20 Sept. 2005 and is signed by the CHR Chairperson and Commissioners, with attestation by the Acting Commission Secretary (Adopted and signature blocks).