Scribd
Upload
232 views2 pages

Suyan V People

Suyan was convicted of drug possession and sentenced to 6 years imprisonment, but was granted probation after 3 months. He was later arrested twice more for drug possession while on probation. The chief probation officer filed a motion to revoke Suyan's probation, alleging he committed other offenses and was no longer complying with probation conditions due to incarceration. The trial court revoked probation. Suyan argued his due process rights were violated, but courts found he was afforded due process and committed a direct violation of his probation terms by possessing drugs again.

Uploaded by

papepipupo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
232 views2 pages

Suyan V People

Suyan was convicted of drug possession and sentenced to 6 years imprisonment, but was granted probation after 3 months. He was later arrested twice more for drug possession while on probation. The chief probation officer filed a motion to revoke Suyan's probation, alleging he committed other offenses and was no longer complying with probation conditions due to incarceration. The trial court revoked probation. Suyan argued his due process rights were violated, but courts found he was afforded due process and committed a direct violation of his probation terms by possessing drugs again.

Uploaded by

papepipupo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 2

SuyanvPeople

Topic:ProbationLaw,commissionofanothercrime

Facts:
Suyanviolatedtheviolationofhisprobationandthus,RTCorderedhisprobationberevoked.

Suyanwasconvictedofpossessionoruseofregulateddrugs(RA6425).Hewassentencedto
imprisonmentof6yearsofprisioncorreccional.After3monthsofservice,RTCordereda
ProbationOrdercovering6years.Hewasarrestedtwomoretimesduringhisprobationfor
violatingRA6425.

ChiefProbationOfficerAtty.NavarromotionedthatSuyansprobationberevoked.Atty.Navarro
allegedthatpetitionerhasbeenapprehendedtwicefordrugpossessionwhileonprobation.The
formerfurtherallegedthatpetitionerwasconsideredarecidivist,whosecommissionofother
offenseswhileonprobationwasaseriousviolationofthetermsthereof.Atty.Navarroalso
pointedoutthatpetitionerwasnolongerinapositiontocomplywiththeconditionsofthelatters
probation,inviewofhisincarceration.RTCgrantedthisanddirectingSuyantoservethe
sentencedimposedonhim.

Petitionerarguedthathewasdenieddueprocessashewasnotfurnishedwithacopyofthe
motion,andduringthehearing,hewasnotrepresentedbyhiscounselofrecord.Thiswas
deniedbytheRTC.ThecasewaselevatedtotheCA,inwhichtheappellatecourtdecidedthat
theRTCcontinuetheproceedingstoaffordthepetitionerhisrighttodueprocess.

AViolationReportwasfiledbytheProbationOffice,recommendingtherevocationofprobation.
Thereportindicatedthatthepetitionermanifestednegativeattitudebynotattending
rehabilitationactivitiesandcontinuedusageofillegaldrugs.Withmoreevidence,RTCdecided
torevoketheprobation.Petitionerarguesagainthathisrighttodueprocesswasnotaffordedto
him.

Issue:W/NtheRTCwascorrectinrevokingSuyansprobation
Held:Yes
Hewasaffordeddueprocess.Hesquanderedhisownopportunitybymerely
questioningtheabsenceofthereportwhenhisprobationwasfirstrevoked,insteadof
rebuttingtheallegationsmentionedtherein.
Hecommittedanotheroffenseduringhisprobation,whichisadirectviolationofhis
probationorder.
Sec.11oftheProbationLaw:Aprobationordershalltakeeffectuponits
issuance,atwhichtimethecourtshallinformtheoffenderoftheconsequences
thereofandexplainthatuponhisfailuretocomplywithanyoftheconditions
prescribedinthesaidorderorhiscommissionofanotheroffense,heshallserve
thepenaltyimposedfortheoffenseunderwhichhewasplacedonprobation.

Asprobationisamerediscretionarygrant,petitionerwasboundtoobservefull
obediencetothetermsandconditionspertainingtotheprobationorderorrunthe
riskofrevocationofthisprivilege.Regrettably,petitionerwastedtheopportunity
grantedhimbytheRTCtoremainoutsideprisonbars,andmustnowsufferthe
consequencesofhisviolation.TheCourtsdiscretiontograntprobationistobe
exercisedprimarilyforthebenefitoforganizedsocietyandonlyincidentallyfor
thebenefitoftheaccused.Havingthepowertograntprobation,itfollowsthatthe
trialcourtalsohasthepowertoorderitsrevocationinapropercaseandunder
appropriatecircumstances.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy