Civil Contempt v. Criminal Contempt Flashcards
1
Q
Differentiate between civil contempt v. criminal contempt.
A
In GR 190980:
It is criminal contempt if the purpose is primarily punishment. Contemnor enjoys the presumption of innocence. Prosecution needs to prove guilt beyond reasonable doubt. Intent is vital.
If charged under Rule 71 of ROC, it is criminal in nature.
It is civil contempt if purpose is primarily compensatory or remedial. No presumption exists.
