Title
CSC Contempt Power Rules
Law
Csc Memorandum Circular No. 42
Decision Date
Aug 22, 1990
CSC Memorandum Circular No. 42-90 establishes the rules and penalties for direct and indirect contempt charges against individuals who obstruct or disrespect the Civil Service Commission in the Philippines, with direct contempt being punishable without appeal and indirect contempt requiring due proceedings.

Direct contempt: summary adjudication

  • Any person guilty of misbehavior in the presence of, or so near the Commission (or any of its members) as to obstruct or interrupt proceedings may be summarily adjudged in direct contempt.
  • Direct contempt covers disrespect toward the Commission or its members, including the use of disrespectful or insulting language or derogatory remarks in pleadings, memoranda and/or position papers.
  • Direct contempt also covers offensive personalities towards others, refusal to be sworn in, refusal to answer as a witness, or refusal to subscribe an affidavit or deposition when required.
  • For direct contempt, the Commission may impose publicly reprimanded or censured and/or impose a fine not exceeding two hundred pesos.
  • Decisions of the Commission declaring any person in direct contempt are not appealable.

Indirect contempt: charges and hearing

  • Indirect contempt is punishable only after a charge in writing is filed and the respondent is given an opportunity to be heard by himself or counsel.
  • An official, employee, or person found guilty may be punished for indirect contempt for disobedience of or resistance to any lawful writ, process, order, decision, resolution, ruling, summons, subpoena, command, or injunction of the Commission.
  • Indirect contempt also covers abuse of, or unlawful interference with, Commission processes or proceedings, or improper conduct tending to impede, obstruct, delay, or degrade implementation of lawful Commission action, when such conduct does not constitute direct contempt.
  • Indirect contempt includes deliberate failure to obey a subpoena or subpoena duces tecum duly served without valid justification.
  • The Commission retains authority, despite these rules, to issue processes or orders, require the respondent to appear or be present, and hold the respondent in custody pending the proceedings.

Investigation and conduct of hearing

  • On the day set for hearing, the Commission must proceed to investigate the charge.
  • The Commission must consider such answer or testimony as the respondent makes or offers through himself or counsel.

Penalties for indirect contempt

  • If found guilty of indirect contempt, the respondent may be punished by a fine of one thousand (P1,000.00) pesos for every act of indirect contempt.
  • Each day of defiance of, disobedience to, or non-enforcement of a final order, resolution, decision, ruling, injunction, or processes constitutes an indirect contempt.
  • If the contempt consists in violation of an injunction or omission to do an act that remains within the respondent’s power to perform, the respondent is liable in addition for all damages resulting from the contempt.
  • Damages are measured by the extent of the loss or injury sustained by the aggrieved party by reason of the misconduct, disobedience, defiance, and/or other contumacious acts or omissions charged.
  • Damages cover the costs of the proceedings including payment of interest on damages.

Measure of damages

  • Damages sustained by the aggrieved party refer to the total amount of salaries and other money benefits that would have accrued had the final order, decision, resolution, ruling, injunction, or processes been enforced/implemented immediately.

Supreme Court review by certiorari

  • A judgment or order of the Commission in an indirect contempt case may be reviewed by the Supreme Court through a petition for certiorari filed by the respondent.
  • The petition must be filed within thirty (30) days from notice or receipt of the Commission’s judgment or order.

Regional directors and deputized hearing officers

  • Civil Service Regional Directors or any deputized Hearing Officer may apply to the Commission to declare any person within their jurisdiction in indirect contempt for acts or omissions covered by these rules.
  • If the act or omission is punishable by direct contempt, the Regional Director is authorized to cite the offender in direct contempt under the rules’ provisions.

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