G.R. No. 17925 ; March 28, 1922
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. EVARISTO ABAYA, defendant-appellant.

FACTS

Evaristo Abaya, the chief clerk in the office of the district engineer of Ilocos Sur, was subpoenaed to appear before the district auditor to testify in an investigation of certain accounts. He appeared but refused to take an oath or testify without the permission of his absent immediate superior. The district auditor reported the refusal to the Court of First Instance for contempt proceedings under Section 580 of the Administrative Code. The provincial fiscal filed a complaint, and the court found Abaya guilty, sentencing him to pay a fine. Abaya appealed the sentence to the Supreme Court.

ISSUE

Whether an appeal to the Supreme Court lies from a judgment of the Court of First Instance finding a person guilty of contempt for refusing to testify before an administrative officer, as provided under Section 580 of the Administrative Code in relation to Section 231 of the Code of Civil Procedure.

RULING

No. The appeal is dismissed. Section 580 of the Administrative Code provides that a person who refuses to testify before an authorized administrative body shall be subject to discipline as in case of contempt of court and shall be dealt with by the Court of First Instance. Such contempt proceedings fall under Section 231 of the Code of Civil Procedure, which allows summary punishment for refusal to be sworn or answer as a witness when lawfully required. Section 240 of the Code of Civil Procedure expressly states that judgments in contempt cases arising under Section 231 are not reviewable by the Supreme Court. The summary nature of the proceeding and the legislative intent preclude an appeal. The fact that the lower court observed greater formality does not change the offense’s character or its non-appealability.