Tuesday, December 4, 2012

Indirect contempt - sc.judiciary.gov.ph/jurisprudence/2012/november2012/178622.pdf

sc.judiciary.gov.ph/jurisprudence/2012/november2012/178622.pdf

"x x x.


Anent the issue of citing respondents in contempt of court
A charge for indirect contempt, such as disobedience to a court’s lawful order, is initiated either  motu proprio by order of or a formal charge by  the offended court, or 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.

   It cannot be initiated by a mere motion, such as the one that
petitioner filed.  Further, petitioner failed to substantiate his allegation that respondents violated the TRO.  The entries in the barangay and police blotters attached to his motion carry little weight or probative value as they are not conclusive evidence of the truth thereof but merely of the fact that these entries were made.

The pictures depicting bulldozing activities likewise contained no indication that they were taken after the Court’s issuance of the restraining order.  Simply, the Court has no way of gauging the veracity of petitioner’s factual allegations.  On the basis of the foregoing, the Court resolves to deny petitioner’s motion.

x x x."