ADMINISTRATIVE
CIRCULAR NO. 22-95
TO:
COURT
OF APPEALS, SANDIGANBAYAN, COURT OF TAX APPEALS, REGIONAL TRIAL COURTS,
METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS, MUNICIPAL TRIAL
COURTS
IN CITIES, MUNICIPAL CIRCUIT TRIAL COURTS, SHARI’A DISTRICT COURTS,
SHARI’A
CIRCUIT COURTS AND ALL MEMBERS OF THE INTEGRATED BAR OF THE PHILIPPINES
SUBJECT:
AMENDMENT OF SECTIONS 1 AND 6, RULE 71 OF THE RULES OF COURT.
Rule 71 of
the present
Rules of Court provides the penalties for direct and indirect contempt
against superior and inferior courts, to wit:
[1] In
direct contempt,
a fine not exceeding P200.00 or imprisonment not
exceeding
10 days, or both, if it be a superior court, and a fine not exceeding P10.00
or imprisonment not exceeding 1 day, or both, if it be an inferior
court
[Section 1]; and
[2] In
indirect contempt,
a fine not exceeding P1,000.00 or imprisonment of not
more than 6 months, or both, if against a superior court, and a fine
not
exceeding P1,000.00 or imprisonment of not more than
1
month, or both, if against an inferior court [Section 6].
The Court
takes judicial
notice that these were the same penalties for direct and indirect
contempt
which were imposed by Sections 1 and 6, Rule 64 of the old Rules of
Court
which took effect on July 1, 1940, or more than 55 years ago.
The Court
also takes
cognizance of the fact that the amount of the fine, whether imposed as
a complementary or an alternative penalty, was intended to be financial
equivalent of the term of imprisonment for the offense, from the
standpoint
of severity, taking into account the nature of the offensive acts and
the
courts against which they were commited.
In view of
the present
value of our currency under either the prevailing international rates
of
exchange or the consumer price index which, however, are subject to
variant
factors, and considering that the minimum daily wage has often been
adopted
as the basis for determining the amount of the fine in our penal laws,
the aforestated provisions of Rule 71 have to be amended to keep the
same
abreast with monetary changes by increasing the amount of the imposable
fine, with the average national minimum wage as the approximate basis
therefor.
Accordingly,
the
Court Resolved to amend the provisions of Sections 1 and 6, Rule 71 of
the Rules of Court to read as follows:
"SECTION
1. Direct Contempt Punished Summarily. – A person guilty
of
misbehavior
in the presence of or so near a court or judge as to obstruct or
interrupt
the proceedings before the same, including disrespect toward the court
or judge, offensive personalities toward others, or refusal to be sworn
or to answer as witness, or to subscribe an affidavit or disposition
when
lawfully required to do so, may be summarily adjudged in contempt by
such
court or judge and punished by a fine not exceeding two thousand pesos
or imprisonment not exceeding ten (10) days, or both, if it be a
superior
court, or a judge thereof, or by a fine not exceeding two hundred pesos
or imprisonment not exceeding one (1) day, or both, if it be an
inferior
court."
"SECTION 6. – Punishment
if Found Guilty. – If the accused is thereupon adjudged guilty of
contempt
committed against a superior court or judge, he may be fined not
exceeding
thirty thousand pesos or imprisoned not more than six (6) months, or
both;
if adjudged guilty of contempt committed against an inferior court or
judge,
he may be fined not exceeding five thousand pesos or imprisoned not
more
than one (1) month, or both, and if the contempt consists in the
violation
of an injunction, he may also be ordered to make complete restitution
to
the party injured by such violation."
This
Administrative
Circular No. 22-95 shall be published in two [2] newspapers of general
circulation and shall take effect on November 16, 1995.
October 11,
1995.
[Sgd.]
ANDRES
R. NARVASA
Chief
Justice
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