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    Contempt Under Vawc

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    bern430
    1. The document discusses contempt of court under Philippine law. It outlines that violation of a protection order issued by the court constitutes contempt of court, which is punishable under Rule 71 of the Rules of Court. 2. Rule 71 defines indirect contempt as disobedience of or resistance to a lawful court order, process or judgment. It requires that an accused be given notice of the charge and a hearing before being found guilty of indirect contempt. 3. The rules specify that proceedings for indirect contempt can be initiated by the court sua sponte or through a verified petition, and outline where such charges must be filed depending on the court level.

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    Contempt Under Vawc

    Uploaded by

    bern430
    88 views1 page
    1. The document discusses contempt of court under Philippine law. It outlines that violation of a protection order issued by the court constitutes contempt of court, which is punishable under Rule 71 of the Rules of Court. 2. Rule 71 defines indirect contempt as disobedience of or resistance to a lawful court order, process or judgment. It requires that an accused be given notice of the charge and a hearing before being found guilty of indirect contempt. 3. The rules specify that proceedings for indirect contempt can be initiated by the court sua sponte or through a verified petition, and outline where such charges must be filed depending on the court level.

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    1. The document discusses contempt of court under Philippine law. It outlines that violation of a protection order issued by the court constitutes contempt of court, which is punishable under Rule 71 of the Rules of Court. 2. Rule 71 defines indirect contempt as disobedience of or resistance to a lawful court order, process or judgment. It requires that an accused be given notice of the charge and a hearing before being found guilty of indirect contempt. 3. The rules specify that proceedings for indirect contempt can be initiated by the court sua sponte or through a verified petition, and outline where such charges must be filed depending on the court level.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as RTF, PDF, TXT or read online from Scribd
    Download as rtf, pdf, or txt
    88 views1 page

    Contempt Under Vawc

    Uploaded by

    bern430
    1. The document discusses contempt of court under Philippine law. It outlines that violation of a protection order issued by the court constitutes contempt of court, which is punishable under Rule 71 of the Rules of Court. 2. Rule 71 defines indirect contempt as disobedience of or resistance to a lawful court order, process or judgment. It requires that an accused be given notice of the charge and a hearing before being found guilty of indirect contempt. 3. The rules specify that proceedings for indirect contempt can be initiated by the court sua sponte or through a verified petition, and outline where such charges must be filed depending on the court level.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as RTF, PDF, TXT or read online from Scribd
    Download as rtf, pdf, or txt
    of 1

    VAWC

    Sec. 44. Issuance of protection order when warranted; contempt of court for violation.—During
    trial or upon judgment, the trial court may motu proprio issue a protection order when warranted.
    Violation of any protection order issued under this Section shall constitute contempt of court
    punishable under Rule 71 of the Rules of Court, without prejudice to any other
    criminal or civil action that the offended party may file for any of the acts committed.

    RULE 71 R.O.C.

    Sec. 3. Indirect contempt to be punished after charge and hearing.

    After a charge in writing has been filed, and an opportunity given to the respondent to comment
    thereon within such period as may be fixed by the court and to be heard by himself or counsel, a
    person guilty of any of the following acts may be punished for indirect contempt:

    (b) Disobedience of or resistance to a lawful writ, process, order, or judgment of a court, including
    the act of a person who, after being dispossessed or ejected from any real property by the
    judgment or process of any court of competent jurisdiction, enters or attempts or induces another
    to enter into or upon such real property, for the purpose of executing acts of ownership or
    possession, or in any manner disturbs the possession given to the person adjudged to be entitled
    thereto;

    Sec. 4. How proceedings commenced.

    Proceedings for indirect contempt may be initiated motu proprio by the court against which the
    contempt was committed by an order or any other formal charge requiring the respondent to
    show cause why he should not be punished for contempt.
    In all other cases, charges for indirect contempt shall be commenced by a verified petition with
    supporting particulars and certified true copies of documents or papers involved therein, and
    upon full compliance with the requirements for filing initiatory pleadings for civil actions in the
    court concerned. If the contempt charges arose out of or are related to a principal action pending
    in the court, the petition for contempt shall allege that fact but said petition shall be docketed,
    heard and decided separately, unless the court in its discretion orders the consolidation of the
    contempt charge and the principal action for joint hearing and decision.

    Sec. 5. Where charge to be filed.

    Where the charge for indirect contempt has been committed against a Regional Trial Court or a
    court of equivalent or higher rank, or against an officer appointed by it, the charge may be filed
    with such court. Where such contempt has been committed against a lower court, the charge may
    be filed with the Regional Trial Court of the place in which the lower court is sitting; but the
    proceedings may also be instituted in such lower court subject to appeal to the Regional Trial
    Court of such place in the same manner as provided in section 2 of this Rule.

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