Case 1:

Fred M. HARDEN (petitioner)

v.
The Director of Prisons (DoP)
Tuason, .:
F: Fred Harden is imprisoned (or confined ika nga) because of contempt of court, by virtue of an order that he has
not complied with the orders of October 7, 1947 and of March 27, 1948. He is imprisoned until he complies with the
orders:
Background of facts:
In a civil case Between Mrs. Harden (plaintiff) and the petitioner (+ another person as a defendant Jose Salumbides
ata un), commenced on July 12, 1941, by which the administration of conjugal partnership, payment of alimony, and
accounting is involved.
Preliminary injunction was issued, which restrains Fred and Jose from transferring, alienating funds, money and etc.
that can be found under their name, only allowed to transfer if it has the consent of the Court.
Throughout 1946 Fred transferred money amounting to 1,000,000 to Hong Kong and Shanghai Banking corp.,
and Chartered Bank of India, Australia and China (both are situated in Hong Kong ha), and 20,196.80 @ Virginia
Recreational Center, (California).. and to an unknown person amounting to 50,000
On September 9, 1947 Mrs. Harden moved to the court to enjoin Harden to return such funds and then redeposit the
money to the Manila branch of Chartered Bank of India, Australia and China
Thus, after finding the motion of Mrs. Harden well founded, Order of October 7, 1947 enjoins Harden to return the
said funds. That within a period of 15 days from the receipt of a copy of this order, Mr. Harden must bring back a
total amount of 1,000,608.66 to the Philippines and to redeposit the same with the accounts of the Plaza Lunch at the
Manila Branch of the Chartered Bank of India, Australia and China, with the understanding that upon failure to
comply with this order he will be declared in contempt of court.
Harden filed a petition for certiorari, after various motions were filed and heard, Judge Pea on March 27, 1948,
gave an order which modifies the October 7, 1947, which is changed now to:
"Harden is to deposit with the Manila Branch of the Chartered Bank of India, Australia & China within five days from receipt of a copy of this
order the money and drafts that he has actually in Hongkong, without prejudice to passing upon later on the different amounts that the defendant
has spent according to his attorney, after he has submitted to the court an itemized account of those expenses

And another decree found in the same order indicates that:

With respect to the plaintiff's motion filed on March 16, 1948 praying that Fred M. Harden be ordered to deliver the certificate covering the
368,553 Balatoc Mining Company shares either to the Clerk of this Court or to the receiver in this case for safekeeping after his compliance with
the order of January 17, 1948, the Court, after considering the different pleadings filed, denies defendant's motion for extension of time to register
the said certificate of stock, thereby maintaining its order of January 17, 1948. The said defendant is further ordered, after the registration of the
said certificate, to deposit the same with the Manila Branch of the Chartered Bank of India, Australia and China.

May 28, 1947, the receiver appointed in the main case prayed that the certificates of stock of the conjugal
partnership, among them 368,553 shares of the Balatoc Mining Co., alleged to be in the possession of defendant
Harden, be ordered turned over the receiver (walang pangalan receiver eh), for the registration of said stocks as
pursuant to R.A. 62. The Court then on June 7, 1947 allowed/authorized Harden to register such stock certificates
that he possesses not later than June 30, 1947, and then notify the court after its completion
July 28, 1947 Mrs. Harden complained that her husband had not yet complied with the order above ^, and prayed
that there be an order to call upon Mr. Harden to show why he should not be declared in contempt. On Aug. 1,
1947 he then filed a perfunctory compliance (instant compliance ata other term).

And in an order dated August 2, 1947 he was required to make a detailed report of the stock certificates which have
been duly registered in pursuant to RA 62. In his compliance which is dated Aug 7, 1947, he stated that he was given
an extension until Dec. 31, 1947 within which to register the Balatoc Mining Co. shares under Republic Act No. 62.
In the motion of Jan 7, 1948 the receiver informed the court that even after such extension, Harden has not
registered the stock certificates as of Jan 7, 1948. The receiver requested for an extension for Harden to up to March
31, 1948 to comply to the order of June 7, 1947.
In this motion dated March 15, 1948 Mrs. Harden prayed, under the circumstances provided that Mr. Harden be
ordered to deliver certificates covering the 368,553 Balatoc Mining Co. shares to either the clerk of the court or to
the receiver for safekeeping, after registering such stock certs.
After wards on March 24, 1948. Filed a motion that the registration of stock under Ra 62 had been extended until
June 30, 1948, and prayed that he be allowed to register the stock on the date that the law provided.
HE WAS THEN IMPRISONED bec of contempt, until he returns the amounts indicated.

Issue:
W/n the imprisonment bestowed upon Fred is an excessive punishment
H:
No. Because within the two year period that had lapse, Harden has in fact capable of freeing himself by simply
complying with the orders of the court. Wherein it is an imprisonment that he can end anytime
Petition is denied. Hardens assumption that this was an excessive punishment because he reasons that it is difficult
for him to comply with the orders of the court, that which his penalty would then lead to life imprisonment.