This case has been cited 2 times or more.
2012-02-08 |
BRION, J. |
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Still further, the Court held in Santiago v. Anunciacion, Jr.[29] that: But whether the first or the second, contempt is still a criminal proceeding in which acquittal, for instance, is a bar to a second prosecution. The distinction is for the purpose only of determining the character of punishment to be administered. | |||||
2008-08-20 |
CARPIO, J. |
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Lastly, there must be a hearing conducted on the contempt charge. In this case, no hearing was ever conducted. After receiving petitioners' Compliance, Judge Cruz-Avisado immediately issued the 11 December 1999 Order. Petitioners were not afforded full and real opportunity to be heard. Since a contempt charge partakes of the nature of a criminal prosecution and follows the proceedings similar to criminal prosecution,[19] judges must extend to the alleged contemner the same rights accorded to an accused.[20] Judge Cruz-Avisado should have given petitioners their day in court and considered the testimony and evidence petitioners might offer. |