GR No 67301

Manuel Bala vs Hon. Judge Martinez, People of the Philippines

GR No 67301         January 29, 1990

Facts:

          Bala has been indicted for removing and substituting the picture of Maria Diazen which had been attached to her USA passport, with that of Florencia Notarte, in effect falsifying a genuine public or official document. The RTC adjudged Bala guilty of the crime of falsification of a public document. Bala appealed the said conviction but the CA affirmed in toto the judgment of the trial court.

          Bala then applied for and was granted probation by Judge Martinez. He was placed in probation under a period of 1 year, subject to the terms and conditions enumerated therein. By its terms, it should have expired on August 10, 1983. However, on December 8, 1983, People of the Philippines through Assistant City Fiscal Cajucom filed a motion to revoke the probation as Bala had violated its terms and conditions. Bala now contends that the motion to revoke probation was filed after the lapse of 1 year, which means that he should have been discharged from the same.

Issue:

          WON the probation was revoked at the proper time.

Held:

          Yes, the SC held that probation is revocable before the final discharge by the court, contrary to Bala’s submission.

          Under the Probation Law, the expiration of the probation period alone does not automatically terminate probation. Nowhere is the ipso facto termination of probation found in the provisions of the probation law. Probation is not co-terminous with its period. There must first be issued by the court of an order of final discharge based on the report and recommendation of the probation officer. Only from such can the case of the probationer be deemed terminated.

        Bala failed to unite reunite with responsible society. Precisely, he was granted probation in order to give him a chance to return to the main stream, to give him hope, hope for self-respect and a better life. Unfortunately, he has continued to shun the straight and narrow path. He thus wrecked his chance. He has not reformed.

       A major role is played by the probation officer in the release of the probationer because he is in the best position to report all information relative to the conduct and mental and physical condition of the probationer in his environment, and the existing institutional and community resources that he may avail himself of when necessary.

         

       The non-compliance the conditions set and fixed has defeated the very purposes of the probation law to: a) promote the correction and rehabilitation of an offender by providing him with individualized treatment; b) provide an opportunity for the reformation of a penitent offender which might be less probable if he were to serve a prison sentence; and c) prevent the commission of offenses.