Case Digest (G.R. No. 59298)
Facts:
Florentina L. Baclayon v. Hon. Pacito G. Mutia, G.R. No. L-59298, April 30, 1984, First Division, Teehankee, J., writing for the Court.Petitioner Florentina L. Baclayon, a public school teacher and district guidance coordinator in Misamis Occidental, was convicted by the Municipal Court of Plaridel for the crime of Serious Oral Defamation for having quarrelled with and uttered insulting and defamatory words against Remedios Estillore, principal of the Plaridel Central School. The Municipal Court, then presided by respondent Hon. Pacito G. Mutia, imposed a penalty which was later affirmed and increased by the Court of Appeals, which, considering aggravating circumstances (disregard of respect due the offended party by reason of rank and age and that the offense occurred in the complainant's public office during office hours), fixed the penalty at one year, eight months, twenty-one days of arresto mayor in its maximum period to two years and four months of prision correccional in its minimum period; the sentence was promulgated on September 9, 1981.
On September 9, 1981, the same day the appellate sentence was promulgated, petitioner applied for probation. The trial judge referred the application to a Probation Officer; the Post-Sentence Investigation Report recommended probation for three years. On December 21, 1981, respondent judge granted probation but modified the recommendation by increasing the probation period to five years and imposing several conditions. Among the conditions was paragraph (h): petitioner was ordered "to refrain from continuing her teaching profession." Petitioner moved to have that last condition deleted; respondent judge denied the motion.
Petitioner filed a petition to review by certiorari in the Supreme Court alleging grave abuse of discretion in imposing the condition that she refrain...(Pro-only)
Issues:
- Did the trial judge commit grave abuse of discretion in imposing, as a condition of probation, that petitioner "refrain from continuing her teaching profession"?
- Does the grant of probation suspend the imposition of accessory penalties (such as suspension from public office or from following a profession) that otherwise would accomp...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)