Short answer. Summarily — on the spot, without the need for a separate charge or trial. Under Rule 71, Section 1, misbehaviour in or near the court that obstructs the proceedings is direct contempt, punishable by a fine of up to two thousand pesos or up to ten days' imprisonment, or both, before a Regional Trial Court or higher court.

What the law says

misbehavior in the presence of or so near a court as to obstruct or interrupt the proceedings before the same, including disrespect toward the court, offensive personalities toward others, or refusal to be sworn or to answer as a witness, or to subscribe an affidavit or deposition when lawfully required to do so, may be summarily adjudged in contempt by such court

Rule 71, Section 1 — Direct contempt punished summarily. Read the full provision →

The conduct the rule reaches

Direct contempt is misbehavior in the presence of or so near a court as to obstruct or interrupt the proceedings before the same. The rule then names its most familiar forms: disrespect toward the court and offensive personalities toward others — shouting at the judge, insulting opposing counsel, a scene in the courtroom. Note the phrase so near a court: the misconduct need not happen inside the courtroom itself, so long as it obstructs or interrupts what the court is doing. What unites every form is disruption of the proceedings while they are underway, which is why the law arms the judge to deal with it instantly.

The quieter ways to commit it

Direct contempt is not only theatrics. The same section covers refusal to be sworn or to answer as a witness, and refusal to subscribe an affidavit or deposition when lawfully required to do so. A witness who takes the stand and simply declines to take the oath, or stonewalls questions the court has ruled must be answered, commits direct contempt just as surely as the litigant who causes a commotion. The qualifier when lawfully required matters, though — the refusal is contemptuous only where the demand itself was lawful, which is exactly the ground a lawyer would test before a refusal hardens into a citation.

What summary punishment means

The offender may be summarily adjudged in contempt by such court. Summarily means the judge who witnessed the misbehaviour may punish it at once, without the written charge and separate hearing that other forms of contempt require. The justification is that the court saw the offense itself; there is nothing left to investigate. That immediacy is what makes direct contempt dangerous for the unwary — an outburst can convert a spectator, party, witness or counsel into a person serving a penalty within minutes, in the very case they came to court about.

The penalty ceilings

The punishment is capped by the level of the court. Before a Regional Trial Court or a court of equivalent or higher rank, direct contempt carries a fine not exceeding two thousand pesos or imprisonment not exceeding ten days, or both. Before a lower court, the ceiling drops to a fine not exceeding two hundred pesos or imprisonment not exceeding one day, or both. The amounts are modest, but the sting is the jail exposure and the record of having been held in contempt. If you or someone you accompany has been cited, get the exact words of the citation and speak to counsel before the next hearing.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.