2016 Criminal Law

UST Golden Notes

SUYAN VS. PEOPLE

G.R. No. 189644 | July 2, 2014

Section 11 of the Probation Law provides that the commission of another offense shall
render the probation order ineffective. 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.

SERENO, J.

FACTS: SUYAN was charged with violation of Section 16, Article III of Republic Act No. 6425.
He pleaded guilty to the charge. The trial court sentenced him to suffer the penalty of six
years of prision correctional. He filed his application for probation on the same day. RTC
issued a Probation Order covering a period of six years.

While on probation, he was arrested again on two separate occasions, both for violations of
Section 16 of RA 6425. Two separate Informations were filed against him. Because of this,
the Chief of the Parole and Probation Office (ATTY. NAVARRO) recommended the revocation
of his probation, citing recidivism. NAVARRO also pointed out that SUYAN was no longer in a
position to comply with the conditions of his probation, in view of his incarceration.

The RTC ordered the revocation of SUYAN’s probation and directed him to serve his
sentence. SUYAN then interposed an appeal with the Court of Appeals. He argued that he
was not accorded due process. Finding merit in his petition, the CA ordered the remand of
the case to the RTC for further proceedings. Thus, the RTC conducted a hearing on the
Motion to Revoke.

The Parole and Probation Office filed a Violation Report where it stated that probationer
SUYAN showed negative attitude towards rehabilitation and instead continued with his
illegal drug activities despite counseling and warning from the Office. The prosecution
likewise filed its Formal Offer of Evidence where it attached a certification from another
court that SUYAN has already served his sentence on the other drug charges against him.
SUYAN filed his Comment but did not dispute the certification.

After hearing, the RTC issued an Order revoking the probation. SUYAN appealed with the CA,
but the same was denied.

ISSUE:
1. Whether or not the probation was validly revoked.

HELD:

Yes, the probation of SUYAN was validly revoked.

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 the condition in 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.

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.
2016 Criminal Law
UST Golden Notes

SUMMARY FORMAT

Q: SUYAN was charged and found guilty of violating Section 16, Article III of Republic Act No.
6425 or the “Dangerous Drugs Act of 1972”. SUYAN was sentenced to suffer a prison term of
six years. He immediately filed his application for probation. The RTC issued a Probation
Order covering the period of six years. While SUYAN was on probation, he was arrested on
two occasions for drug possession. The Chief Probation and Parole Officer (ATTY. NAVARRO)
filed a Motion to Revoke Probation considering that SUYAN was a recidivist. Prosecution also
submitted a Violation report manifesting the unreformed attitude of SUYAN and his
continued illegal drug activities while on probation. The RTC then revoked the probation and
ordered SUYAN to serve the sentence imposed upon him. Was the revocation of probation
proper?

A: Yes, the probation of SUYAN was validly revoked by the lower court. 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 a
condition of his Probation Order. Section 11 of the Probation Law provides that the
commission of another offense shall render the probation order ineffective.

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.

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. (Suyan
v. People, G.R. No. 189644, July 2, 2012)