A.M. No. RTJ-10-2216 (Formerly A.M. OCA I.P.I. No. 08-2788-RTJ) - STATE PROSECUTORS II JOSEF ALBERT T. COMILANG AND MA. VICTORIA SUÑEGA-LAGMAN, COMPLAINANTS, VS. JUDGE MEDEL ARNALDO B. BELEN, REGIONAL TRIAL COURT, BRANCH 36, CALAMBA CITY.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly, be dismissed from the service with forfeiture of all benefits except accrued leave credits, if any, and with prejudice to reemployment in the government or any subdivision, agency or instrumentality thereof, including government-owned and controlled corporations and government financial institutions. The Issue The sole issue to be resolved by the Court is whether Judge Belen's actuations showed manifest partiality and bias, evident bad faith, grave abuse of authority and gross ignorance of the law warranting his dismissal from service as RTC Judge of Branch 36, Calamba City. The Ruling of the Court After a careful evaluation of the records of the instant case, the Court concurs with the findings and recommendations of the OCA, but only in part. Section 4, Rule 71 of the Rules of Court provides: Section 4. How proceedings commenced . Proceedings for indirect contempt may be initiated motu proprio by the court against which the contempt was committed by an order or any other formal charge requiring the respondent to show cause why he should not be punished for contempt. In all other cases, charges for indirect contempt shall be commenced 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. If the contempt charges arose out of or are related to a principal action pending in the court, the petition for contempt shall allege that fact but said petition shall be docketed, heard and decided separately, unless the court in its discretion orders the consolidation of the contempt charge and the principal action for joint hearing and decision . (Emphasis supplied) Indirect contempt proceedings, therefore, may be initiated only in two ways: (1) motu proprio by the court through an order or any other formal charge requiring the respondent to show cause why he should not be punished for contempt; or (2) by a verified petition and upon compliance with the requirements for initiatory pleadings. [14] In the second instance, the verified petition for contempt shall be docketed, heard and decided separately unless the court in its discretion orders the contempt charge, which arose out of or related to the principal action, to be consolidated with the main action for joint hearing and decision. In this case, the contempt charge was commenced not through a verified petition, but by Judge Belen motu proprio through the issuance of an order requiring State Prosecutor Comilang to show cause why he should not be cited for indirect contempt. As such, the requirements of the rules that the verified petition for contempt be docketed, heard and decided separately or consolidated with the principal action find no application. Consequently, Judge Belen was justified in not directing the contempt charge against State Prosecutor Comilang to be docketed separately or consolidated wi