PHILIP SIGFRID FORTUN vs. PRIMA JESUSA QUINSAYAS, et al. (20!" Topic: Topic: Rule 71 – Contempt Petition for Contempt FA#TS: The antecedents of the case are connected to the Maguindan Maguindanao ao Massacr Massacre e case; case; petitioner petitioner is the counsel counsel for Datu Datu Andal Andal Ampatu Ampatuan, an, Jr, Jr, the princi principal pal accuse accused d in the murder cases !led and ra"ed to the RTC of #ue$on Cit% During the pendenc% pendenc% of the case, responde respondent nt #uinsa%as #uinsa%as,, counse counsell of Mangud Mangudada adatu, tu, !led !led a dis&a dis&arme rment nt compla complaint int agains againstt 'ortu 'ortun, n, the detai details ls of (hich (hich (ere (ere pu&lis pu&lished hed and circulated among se)eral ne(s outlets, particularl%, the *MA +e(s T internet (e&site, the -n.uirernet, /hil0tar, and A+C their heads (ere also made respondents in this case2 'ortun alle allege ges s that that the the diss dissem emin inat atio ion n of the the deta detail ils s of the the dis&arment complaint against him )iolated Rule 13456 of the RC on the con!dential nature of dis&arment proceedings, e8posed this Court and its in)estigators to outside in9uence and pu&lic interference, as (ell as opened his professional and personal reputation to attac /etitioner pra%ed for the penalt% of imprisonment
ISSUE hethe hetherr respo responde ndents nts )iolat )iolated ed the con!d con!dent ential ialit% it% rule rule in dis&armen dis&armentt proceedi proceedings, ngs, (arranting (arranting a !nding !nding of guilt for indirect contempt of court RULING$ ATTY. PRIMA JESUSA QUINSAYAS IS GUILTY OF INDIRE#T INDIRE#T #ONTEMPT #ONTEMPT %&' )st')*+t )st')*+t))- &/)es &/)es &% te )s* )s*a' a'1e 1et t &1/ &1/la la) )tt a-a) a-a)s stt Att Att.. F&'t+ &'t+ t& 1e1*e's &% te 1e)a. Pealt$ F)e &% P20,000. The contempt charge !led &% petitioner is i n the nature of a -n Pp. v. Godoy Godoy , the the Cour Courtt made made a ')1)al &te1/t -n distinction &et(een criminal and ci)il contempt A criminal contempt is conduct that is directed directed against against the dignity and authority of the court or a judge acng judicially; it is an act obstrucng the administraon of jusce which tends to bring the court into disrepute or
disres disrespec pect. t. On the other other hand, hand, civil contempt contempt consis consists ts in failin failing g to do something ordered to be done by a court in a civil acon for the benet of the opposing party therein and is, therefore, an oense against the party in whose behalf the violated order is made A criminal contempt, contempt, being directed against the dignity and authority of the court, is an oense against organied society and, in addion, is also held to be an oense against public jusce which raises an issue between the public and the accused, and the proceedings to punish it are punive. On the other hand, hand, the proceedings to punish a civil contempt are remedial and remedial and for the purpose of the preservaon of the right of private persons. !t has been held that civil contempt is neither a felony nor a misdemeanor, but a power of the court. court. !t has further further been stated that intent is a necessary element in criminal contempt, contempt, and that no one can be punished for a criminal contempt unless the evidence ma"es it clear that he intended to commit it. On the contr contrary ary,, there there is author authority ity indica indicang ng that that since since the purpose purpose of civil civil contempt proceedings is remedial, the defendant’s intent in comming the contempt is immaterial. immaterial. #ence, good faith or the absence of intent to violate the court$s order is not a defense in civil contempt.
!n Pp. vs. Castelo, the %ourt ruled that contempt is akin to libel and that the principl principle e of privileg privileged ed communic communicaon aon may be invoke invoked d in a contemp contemptt proceeding. &he %ourt recognies that 'publicaons which are privileged for reasons reasons of public public policy policy are protected protected by the constu constuona onall guaranty guaranty of freed freedom om of speec speech. h.(( As a gener general al rule, rule, disbar disbarme ment nt procee proceedin dings gs are are condenal in nature unl their nal resoluon and the nal decision of this %ourt. !n this case, however, the ling of a disbarment complaint against peoner is itself a ma)er of public concern considering that it arose from the *aguindana *aguindanao o *assacr *assacre e case. case. &he interest interest of the public is not on peone peonerr himself himself but primaril primarily y on his involv involvemen ementt and parcipa parcipaon on as defense counsel in the *aguindanao *assacre case. +ince the disbarment complaint is a ma)er of public interest, legimate media had a right to publish such fact under freedom of the press. &he %ourt also recognies recognies that respondent respondent media groups and personalies personalies merely acted on a news lead they received when they reported the ling of the disbarment complaint. &he distribuon by A)y. uinsayas to the media of the disbarment complaint, by itself, is not su-cient to absolve the media from from respons responsibili ibility ty for violan violang g the conden condenal ality ity rule. rule. #oweve #oweverr, since peoner is a public gure or has become a public gure because he is represenng a maer of public concern, and because the event itself that led to the ling of the disbarment case against peoner is a maer of
public concern, the media has the right to report the ling of the disbarment case as legimate news. eoner also failed to substanate his claim that respondent media groups and personalies acted in bad faith and that they conspired with one another in their posngs and publicaons of the ling of a disbarment complaint against him. /espondent media groups and personalies reported the ling of the disbarment complaint without any comments or remar"s but merely as it was 0 a news item. #owever, as to A)y. uinsayas, she is bound by +econ 12, /ule 13456 of the /ules of %ourt both as a complainant in the disbarment case against peoner and as a lawyer. As a lawyer and an o-cer of the %ourt, A)y. uinsayas is familiar with the condenal nature of disbarment proceedings. #owever, instead of preserving its condenality, A)y. uinsayas disseminated copies of the disbarment complaint against peoner to members of the media which act constutes contempt of court. Indirect contempt against a egional !rial "ourt or a court of e#uivalent or higher rank is punishable by a ne not e$ceeding %&',''' or imprisonment not e$ceeding si$ months or both. A)y. uinsayas was ned 78,888.
