You're currently signed in as:
User

PEDRO GAMBOA v. JOSE TEODORO

This case has been cited 3 times or more.

2008-08-20
CARPIO, J.
Second, if the answer to the contempt charge is satisfactory, the contempt proceedings end.[17] Even if we consider the 19 November 1999 Order sufficient to charge petitioners with indirect contempt, petitioners still could not be punished for contempt because Judge Cruz-Avisado found petitioners' explanation satisfactory. Only in cases of clear and contumacious refusal to obey should the power to punish for contempt be exercised.[18] Absent any finding that petitioners contumaciously refused to comply with the orders of the RTC, Judge Cruz-Avisado had no reason to punish petitioners for indirect contempt.
2007-04-02
CARPIO, J.
The facts of this case highlight respondent judge's failure to appreciate, in full measure, the nature of his power to cite litigants in contempt of court. It is a drastic and extraordinary attribute of courts, to be exercised in the interest of justice and only when there is clear and contumacious refusal to obey orders.[9] If a bona fide misunderstanding of the terms of an order does not justify the immediate institution of contempt proceedings,[10] with more reason that it should not serve as basis to prolong a litigant's detention under a prior contempt citation when, as here, there has been an attempt to comply with the order.