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    Suyan V People

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    papepipupo
    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.

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    Suyan V People

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    papepipupo
    194 views2 pages
    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.

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    Suyan v People

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    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.

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    © All Rights Reserved
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    194 views2 pages

    Suyan V People

    Uploaded by

    papepipupo
    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.

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    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.

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