Direct Contempt: Summary Imposition and Non-Appealability
- Applies to misbehavior in or near the presence of the CSC or its members
- Includes actions obstructing or interrupting proceedings, use of disrespectful language, derogatory remarks in pleadings, refusal to be sworn or to testify
- Punishments include public reprimand, censure, and/or fines up to 200 pesos
- Decisions declaring direct contempt are final and not appealable
Indirect (Contumacious) Contempt: Procedure and Punishable Acts
- Requires a written charge and opportunity for respondent to be heard with or without counsel
- Acts punished include disobedience or resistance to lawful CSC processes/orders; abuse or unlawful interference with CSC processes; deliberate failure to obey subpoenas without valid justification
- Commission retains power to compel appearance and hold in custody during proceedings
Hearing Procedures for Indirect Contempt
- On the hearing date, the Commission investigates charges and considers respondent’s answers and testimonies
Penalties for Indirect Contempt
- Fine up to 1,000 pesos per act of indirect contempt
- Each day of defiance or non-enforcement of final CSC orders constitutes a separate act
- Additional liability for damages if misconduct violates injunction or omits actionable acts still within respondent's power
- Damages measured by loss/injury to aggrieved party, including unreceived salaries and benefits due to non-enforcement
- Costs of proceedings and interest on damages also recoverable
Review of Indirect Contempt Judgments
- Respondent may petition the Supreme Court for certiorari
- Must file within 30 days from notice or receipt of judgment or order
Contempt Powers of CSC Regional Directors
- Regional Directors or deputized hearing officers may request declaration of indirect contempt within their jurisdiction
- For direct contempt acts, Regional Directors may summarily cite offenders directly following the CSC rules
Effectivity
- Rules take effect 15 days after publication in Official Gazette or general circulation newspaper
- Promulgated on August 22, 1990, by CSC Chairman Patricia A. Sto. Tomas