Title
Suyan vs. People
Case
G.R. No. 189644
Decision Date
Jul 2, 2014
Petitioner's probation revoked after repeated drug offenses; Supreme Court upheld revocation, citing due process and violation of probation terms.
probation
revocation
constitutional right
A

Case Summary (G.R. No. 189644)

Procedural History

An Information for violation of Section 16, Article III of R.A. No. 6425 was filed against petitioner on 27 October 1995. Petitioner pleaded guilty, was convicted on 22 November 1995, sentenced to six years of prision correccional and costs, and on the same date applied for probation. The RTC issued a Probation Order on 16 February 1996 for six years. While on probation petitioner was arrested twice (2 September and 20 October 1999) for similar drug offenses; subsequent Informations were filed as Criminal Case Nos. 99-03073-D (Branch 43) and 99-03129-D (Branch 41). On 1 December 1999 the Chief Probation and Parole Officer filed a Motion to Revoke Probation; the RTC revoked probation on 15 December 1999 and denied reconsideration. Petitioner filed a Rule 65 petition with the CA (first CA case), which on 2 January 2006 annulled the RTC’s revocation for failure to comply with procedural requisites and remanded for proceedings consistent with PD No. 968 and the Revised Rules on Probation Methods and Procedures.

Facts Established for Revocation Proceedings After Remand

Following the CA’s remand, the Probation Office filed a Violation Report dated 13 February 2006 (filed 17 February 2006) recommending revocation, describing petitioner’s negative attitude at the outset of probation (absences, failure to attend rehabilitation activities despite follow-up), continued illegal drug activities despite counseling, and concluding petitioner failed to appreciate the value of his second chance. The prosecution submitted a Formal Offer of Evidence including a Certification (23 January 2006) proving petitioner’s conviction in the Branch 43 case and that he served a sentence from 30 September 2000 until release by expiration of maximum sentence on 8 September 2003. Petitioner filed a Comment on the Formal Offer without disputing the Certification.

RTC Proceedings and Ruling on Remand

On 31 March 2006 the RTC issued an order revoking probation, finding that petitioner had been afforded due process with a full opportunity to contest the Motion to Revoke. The RTC found positive testimony and documentary evidence of violations and noted petitioner did not rebut the fact that he committed another offense and was convicted while on probation. Petitioner’s motion for reconsideration was denied (26 June 2006), and he again appealed to the CA. The CA affirmed the RTC, and a subsequent motion for reconsideration to the CA was denied on 9 September 2009.

Issues Raised on Appeal to the Supreme Court

Petitioner’s principal contentions were procedural and substantive. Procedurally, he argued deprivation of due process because (a) no fact-finding investigation by the Probation Officer was conducted at the time of the original revocation and he was not furnished results; (b) no warrant of arrest was issued by the RTC after considering the alleged violations; and (c) he was not afforded an opportunity to adduce evidence with the assistance of counsel. Substantively, petitioner contended he had shown repentance and reformation, one of the two subsequent cases was dismissed, he had already served sentence for the other, and since then no derogatory information was received; therefore, he argued he should be allowed to resume probation.

Controlling Legal Standard on Probation and Revocation

The Court relied on the Probation Law (PD No. 968) as embodied in Section 11, which provides that a probation order takes effect upon issuance and that failure to comply with its conditions or commission of another offense will result in serving the penalty imposed for the offense for which probation was granted. The Revised Rules on Probation Methods and Procedures require procedural requisites for revocation, including a fact-finding investigation by the Probation Officer, a Violation Report (P.A. Form No. 8) as contemplated by Section 38 of the Rules, issuance of a warrant of arrest when appropriate, and an opportunity for the probationer to be brought before the court to be informed of charges, to be represented by counsel, and to adduce evidence in defense.

Supreme Court’s Assessment of Procedural Due Process

The Supreme Court held that petitioner’s due process rights were not violated. The Court emphasized that the essence of due process is a reasonable opportunity to be heard, and where a party has in fact been given several opportunities to be heard but fails to utilize them, the claim of denial of due process fails. The Court adopted the CA’s finding that the RTC complied with the CA’s remand directive by conducting a full hearing on the Motion to Revoke and affording petitioner the opportunity to contest the Violation Report; petitioner instead focused on the absence of an earlier Violation Report and did not rebut the later evidence. The Court therefore found the procedural deficiencies that earlier existed were effectively cured by the remand proceedings and hearing.

Supreme Court’s Assessment of Substantive Grounds for Revocation

Substantively

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