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ESTRELLA LEDESMA v. EDUARDO ENRIQUEZ

This case has been cited 1 times or more.

2004-06-08
DAVIDE JR., CJ.
In the present case, the nature of the contemptuous acts committed are civil in nature. Section 7 of Rule 71 of the Rules of Court provides for indefinite incarceration in civil contempt proceedings to compel a party to comply with the order of the court. This may be resorted to where the attendant circumstances are such that the non-compliance with the court order is an utter disregard of the authority of the court which has then no other recourse but to use its coercive power.[16] It has been held that "when a person or party is legally and validly required by a court to appear before it for a certain purpose, when that requirement is disobeyed, the only remedy left for the court is to use force to bring such person or party before it."[17]