1/5/2021
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In Arriola, et al. v. Arriola (Arriola),[44] the Court emphasized that the indirect
contempt, not initiated by the court motu proprio, must be commenced by a verified
petition. It ratiocinated that even if the contempt proceedings emanated from a
principal case, still, the governing rules require that a petition be filed and treated
independently of the main action. It stressed that it is beyond doubt that the
requirement of a verified petition in initiating an indirect contempt proceeding is a
mandatory requirement quoting the Court's earlier pronouncement in Regalado v. Go,
[45] viz.:
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Henceforth, except for indirect contempt proceedings initiated motu propio
by order of or a formal charge by the offended court, all charges shall be
commenced by a verified petition with full compliance with the requirements
therefore and shall be disposed in accordance with the second paragraph of
this section.
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Even if the contempt proceedings stemmed from the main case over
which the court already acquired jurisdiction, the rules direct that
the petition for contempt be treated independently of the principal
action. Consequently, the necessary prerequisites for the filing of
initiatory pleadings, such as the filing of a verified petition,
attachment of a certification on non-forum shopping, and the
payment of the necessary docket fees, must be faithfully observed.
[46] (Emphasis in the original.)
Like in Arriola, the indirect contempt charge against respondent was initiated by
petitioner's mere motion; thus, without compliance with the mandatory requirements
under Section 4, Rule 71 of the Rules of Court. Specifically, not only did petitioner fail
to file a verified petition, he, likewise, did not comply with the requirements for the
filing of initiatory pleadings. This being so, the RTC-Tagum had improperly taken
cognizance of the charge and conversely, it should have dismissed the motion.
Interlocutory
order,
final
judgment;
distinguished.
Petitioner also faults the CA in finding that the RTC-Tagum committed grave abuse of
discretion in denying respondent's notice of appeal. He argues that the denial of the
notice of appeal was proper because the Resolution relative to the court's
pronouncement which (a) found respondent guilty of indirect contempt, and (b)
ordered the forfeiture of the subject properties in favor of the petitioner was an
interlocutory order; hence, not appealable.
We disagree.
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