"x x x.
Sections 3[16] and 4,[17] Rule 71 of the Rules of Court, specifically outlines the procedural requisites before the accused may be punished for indirect contempt. First, there must be an order requiring the respondent to show cause why he should not be cited for contempt. Second, the respondent must be given the opportunity to comment on the charge against him. Third, there must be a hearing and the court must investigate the charge and consider respondent's answer. Finally, only if found guilty will respondent be punished accordingly.[18] The law requires that there be a charge in writing, duly filed in court, and an opportunity given to the person charged to be heard by himself or counsel. What is most essential is that the alleged contemner be granted an opportunity to meet the charges against him and to be heard in his defenses. This is due process, which must be observed at all times.[19]
The case of Mutuc v. Court of Appeals[20] is instructive as to what due process means in contempt proceedings. This Court stated:
There is no question that the “essence of due process is a hearing before conviction and before an impartial and disinterested tribunal” x x x but due process as a constitutional precept does not always, and in all situations, require a trial-type proceeding x x x. The essence of due process is to be found in the reasonable opportunity to be heard and submit any evidence one may have in support of one’s defense. x x x “To be heard” does not only mean verbal arguments in court; one may be heard also through pleadings. Where opportunity to be heard, either through oral arguments or pleadings, is accorded, there is no denial of procedural due process.[21]
In the case at bar, petitioners were indeed given ample opportunity to file their Answer. In denying petitioners’ Omnibus Motion and Second Motion for Extension, the CA ratiocinated that the justifications advanced by petitioners do not warrant the grant of liberality in the application of the Rules and their omissions are unpardonable and should not be tolerated.[22]
It must be stressed, however, that indirect contempt proceedings partake of the nature of a criminal prosecution; hence, strict rules that govern criminal prosecutions also apply to a prosecution for criminal contempt; the accused is to be afforded many of the protections provided in regular criminal cases; and proceedings under statutes governing them are to be strictly construed.[23] Moreover, in contempt proceedings, if the answer to the contempt charge is satisfactory, the contempt proceedings end.[24]
In the present recourse, petitioners plead for the liberal application of the Rules. Admittedly, in their Omnibus Motion before the appellate court, petitioners’ counsel acknowledged his shortcomings in complying with the resolution of the court and took full responsibility for such oversight and omission. Petitioners’ counsel also reasoned that the lack of personal service of the motion for extension was due to the considerable distance between the parties’ respective offices and that the failure of filing the motion for extension on time was due to the fact that counsel’s liaison officer failed to follow his instructions. Indeed, counsel’s liaison officer attested such facts in his Explanation/Affidavit,[25] which was attached to the Omnibus Motion. More importantly, also attached to the Omnibus Motion was petitioners’ Answer to the petition to cite them in contempt.
It is settled that “subsequent and substantial compliance may call for the relaxation of the rules of procedure.”[26] Time and again, this Court has held that a strict and rigid application of technicalities must be avoided if it tends to frustrate rather than promote substantial justice.[27] Considering the nature of contempt proceedings and the fact that petitioners actually filed their Answer, albeit belatedly, the CA should have been more liberal in the application of the Rules and admitted the Answer.
Moreover, this Court finds that the CA also erred in considering the case deemed submitted for resolution sans the answer[28] of petitioners without setting and conducting a hearing on a fixed date and time on which petitioners may personally, or through counsel, answer the charges against them.
In contempt proceedings, the prescribed procedure must be followed.[29] To be sure, since an indirect contempt charge partakes the nature of a criminal charge, conviction cannot be had merely on the basis of written pleadings.[30] A respondent in a contempt charge must be served with a copy of the motion/petition. Unlike in civil actions, the Court does not issue summons on the respondent. While the respondent is not required to file a formal answer similar to that in ordinary civil actions, the court must set the contempt charge for hearing on a fixed date and time on which the respondent must make his appearance to answer the charge. On the date and time of the hearing, the court shall proceed to investigate the charges and consider such answer or testimony as the respondent may make or offer. The mode of procedure and rules of evidence therein are assimilated to criminal prosecutions. If he fails to appear on that date after due notice without justifiable reason, the court may order his arrest, just like the accused in a criminal case who fails to appear when so required. The court does not declare the respondent in a contempt charge in default.[31]
Clearly, the contempt case against petitioners is still in the early stage of the proceedings. The proceedings have not reached that stage wherein the court below has set a hearing to provide petitioners with the opportunity to state their defenses. Verily, a hearing affords the contemner the opportunity to adduce before the court documentary or testimonial evidence in his behalf. The hearing will also allow the court a more thorough evaluation of the defense of the contemner, including the chance to observe the accused present his side in open court and subject his defense to interrogation from the complainants or the court itself.[32] In fine, the proper procedure must be observed and petitioners must be afforded full and real opportunity to be heard.
x x x."
