July 2008 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
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[A.M. No. 08-6-316-RTC : July 01, 2008] RE: QUERY OF EXECUTIVE JUDGE AURORA V. MAQUEDA-ROMAN, RTC-GUMACA, QUEZON ON THE TERMINATION OF THE PROBATION IN CASES WHERE THE SUPERVISION OVER THE PROBATIONER IS TRANSFERRED TO ANOTHER COURT.:
[A.M. No. 08-6-316-RTC : July 01, 2008]
RE: QUERY OF EXECUTIVE JUDGE AURORA V. MAQUEDA-ROMAN, RTC-GUMACA, QUEZON ON THE TERMINATION OF THE PROBATION IN CASES WHERE THE SUPERVISION OVER THE PROBATIONER IS TRANSFERRED TO ANOTHER COURT.
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of the Court En Banc dated July 1, 2008
"A.M. No. 08-6-316-RTC.- Re: Query of Executive Judge Aurora V. Maqueda-Roman, RTC-Gumaca, Quezon on the Termination of the Probation in Cases where the Supervision over the Probationer is Transferred to Another Court.- Acting on the Lettter dated April 10, 2008 of Executive Judge Aurora V. Maqueda-Roman, Regional Trial Court, Branch 61, Gumaca, Quezon, relative to the procedure for the issuance of an order terminating the probation and final discharge of the accused-probationers in cases where the supervision and control is transferred to another court, the Court Resolved, upon the recommendation of the Office of the Court Administrator, to
"A.M. No. 08-6-316-RTC.- Re: Query of Executive Judge Aurora V. Maqueda-Roman, RTC-Gumaca, Quezon on the Termination of the Probation in Cases where the Supervision over the Probationer is Transferred to Another Court.- Acting on the Lettter dated April 10, 2008 of Executive Judge Aurora V. Maqueda-Roman, Regional Trial Court, Branch 61, Gumaca, Quezon, relative to the procedure for the issuance of an order terminating the probation and final discharge of the accused-probationers in cases where the supervision and control is transferred to another court, the Court Resolved, upon the recommendation of the Office of the Court Administrator, to
(a) NOTE the aforesaid letter of Executive Judge Roman;
(b) ADVISE the Executive Judges of the Regional Trial Courts that the Probation Law of 1976, which provides that "[thereafter, the Executive Judge to whom jurisdiction over the probationer is transferred shall have the power with respect to him that was previously possessed by the court which granted the probation" (emphasis supplied), includes the power to issue an order terminating the probation and finally discharging the probationer;
(c) REQUIRE the court to which the probation case has been transerred to furnish the court, which originally granted the probation and which is in custody of the complete records of the case concerned, a copy of the Order of termination, revocation or modification of the probation, so that the latter may be apprised of the date and the mode by which the probation case was closed; and
(d) DIRECT the Court Management Office to DISSEMINATE to the lower courts the Resolution of this Court in this Administrative Matter." Nazario, J., on leave.
