Laws & Jurisprudence
Sufficient Justification For The Revocation Of Probation
9:47 PM
An Information was filed
against petitioner Neil Suyan, charging him for illegal possession of regulated
drugs (Section 16, Article III of R.A. No. 6425). During arraignment, he pleaded
guilty to the charge. Petitioner was convicted of the crime, for which he was
sentenced to suffer the penalty of six (6) years of prision correccional and to
pay the costs. On even date, he filed his application for probation. The RTC
issued a Probation Order covering a period of six (6) years. While on
probation, petitioner was arrested on two occasions for illegal possession of
regulated drugs. Two separate Informations were filed against him, both of
which were filed with the RTC of Dagupan City.
Atty. Simplicio A.
Navarro, Jr. then the Chief Probation and Parole Officer of Dagupan City, filed
a Motion to Revoke Probation. Atty. Navarro alleged that petitioner has been
apprehended twice for drug possession while on probation. The former further
alleged that petitioner was considered a recidivist, whose commission of other offenses
while on probation was a serious violation of the terms thereof. Atty. Navarro
also pointed out that petitioner was no longer in a position to comply with the
conditions of the latter’s probation, in view of his incarceration.
The RTC issued an order
revoking the probation of petitioner and directing him to serve the sentence
imposed upon him. Aggrieved, petitioner filed a Rule 65 Petition with the
CA, wherein he assailed the revocation of his probation. The CA in its
Decision, granted the Rule 65 Petition by annulling and set aside RTC’s
revocation of petitioner’s probation. The CA ordered the remand of the case to
the RTC for further proceedings, for the purpose of affording petitioner his
right to due process pursuant to Presidential Decree (PD) No. 968, and the
Revised Rules on Probation Methods and Procedures.
In compliance with the CA
Decision, the RTC conducted a hearing on the Motion to Revoke. A Violation
Report was filed by the Dagupan City Parole and Probation Office recommending
the revocation of probation. The RTC issued an Order revoking the
probation. Aggrieved, petitioner again
filed an appeal with the CA. The CA ruled that, for having been apprehended
twice for the commission of two offenses similar in nature, petitioner violated
one of the conditions prescribed in the Probation Order. He even admitted to
having served out his sentence for those offenses.
Hence, in this instant
petition, petitioner alleges that he already showed repentance after his
conviction. In his first case, he readily admitted his accountability by
pleading guilty to the charge. Thus, he was convicted and he subsequently
applied for probation. He further alleges that, of the two cases filed against
him, one was ordered dismissed; he has already served his sentence for the
other. Since then, no derogatory information has been received either by the
probation office or the trial court. Petitioner points out that he has already
reformed his ways and is thus entitled to the grace of law. He contends that
the CA should have ordered him to resume his probation pursuant to the
positivist theory adopted in our criminal justice system.
ISSUE:
Whether the probation was
validly revoked.
RULING:
The probation of
petitioner was validly revoked.
On the procedural grounds,
we do not subscribe to his contention that his right to due process was
violated after the RTC had already conducted a full-blown trial on the Motion
to Revoke, in compliance with the directive of the CA. Based on record, he had
ample opportunity to refute the allegations contained in the Violation Report.
The essence of due
process is that a party is afforded a reasonable opportunity to be heard in
support of his case; what the law abhors and prohibits is the absolute absence
of the opportunity to be heard. When the party seeking due process was in fact
given several opportunities to be heard and to air his side
On substantive grounds,
we believe that there was sufficient justification for the revocation of his
probation. There was sufficient justification for the revocation of his
probation. Petitioner does not deny the fact that he has been convicted, and
that he has served out his sentence for another offense while on probation. Consequently,
his commission of another offense is a direct violation of Condition No. 9 of
his Probation Order, and the effects are clearly outlined in Section 11 of the
Probation Law.
Section 11 of the
Probation Law provides that the commission of another offense shall render the
probation order ineffective. Section 11 states:
Sec. 11. Effectivity of Probation Order. - A probation order
shall take effect upon its issuance, at which time the court shall inform the
offender of the consequences thereof and explain that upon his failure to
comply with any of the conditions prescribed in the said order or his
commission of another offense, he shall serve the penalty imposed for the
offense under which he was placed on probation. (Emphasis supplied)
Based on the foregoing,
the CA was correct in revoking the probation of petitioner and ordering him to
serve the penalty for the offense for which he was placed on probation.
As probation is a mere
discretionary grant, petitioner was bound to observe full obedience to the
terms and conditions pertaining to the probation order or run the risk of
revocation of this privilege. Regrettably, petitioner wasted the opportunity
granted him by the RTC to remain outside prison bars, and must now suffer the
consequences of his violation. The Court's discretion to grant probation is to
be exercised primarily for the benefit of organized society and only
incidentally for the benefit of the accused. Having the power to grant
probation, it follows that the trial court also has the power to order its
revocation in a proper case and under appropriate circumstances.
G.R. No. 189644,
July 2, 2014
NEIL E. SUYAN, Petitioner,
vs. PEOPLE OF THE PHILIPPINES AND THE
CHIEF PROBATION AND PAROLE OFFICER, DAGUPAN CITY,Respondents.
SERENO, CJ.:
The author takes no responsibility for the validity, correctness and result of this work. The information provided is not a legal advice and it should not be used as a substitute for a competent legal advice from a licensed lawyer. See the disclaimer
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