Harden vs. Director of Prisons (Crim1)

Harden vs. Director of Prisons (81 Phil. 741)

Facts:

On July 12, 1941 Fred M. Harden was involved in a civil case with Mrs. Harden concerning conjugal partnership, payment of alimony and accounting. A preliminary injunction was issued restraining Mr. Harden from transferring or alienating, except with consideration and consent of the court, all assets (money, shares of stock, property, real, personal, whether in his name, her name or both) in the partnership with Mrs. Harden. During 1946 however, Mr. Harden transferred drafts and cash in overseas accounts. In the course of two years, he received orders from the SC to return the amounts but Mr. Harden kept filing for extensions. On March 24, 1948, he was committed to jail because of contempt (failure to comply with the court’s orders of producing the amounts) and held there until he can produce said amounts.

Issue:

Relevant: WoN the imprisonment sentence for Mr. Harden is excessive punishment.

Irrelevant: WoN the property moved into foreign jurisdiction is still covered by Philippine jurisdiction

Held and Ratio:

Relevant: No. Mr. Harden has “the keys to his prison” and his detainment is something that he himself can end at any time. (Sec. 7, Rule 64 of the Rules of Court: When the contempt consists in the omission to do an act which is yet in the power of the accused to perform, he may be imprisoned by order of a superior court until he performs it)

Irrelevant: Yes. “While a court cannot give its receiver authority to act in another state without the assistance of the courts thereof (53 C. J., 390-391) yet it may act directly upon the parties before it with respect to the property beyond the limits of its territorial jurisdiction, and hold them in contempt if they resist the court’s orders with reference to its custody or disposition.”

Decision: Petition is denied.

Separate Opinion: Perfecto, J.

He believes that it is indeed an excessive penalty because of Mr. Harden’s claims that it is beyond his power to comply with the court order and would thus result in life imprisonment for Mr. Harden.