1111balabala, Mak Kevin Q

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BALABALA, MARK KEVIN Q.

5/21/2022
NON-INSTI FINAL ACTIVITY
Instruction: Do the activities and pass it in this link https://forms.gle/QrJZwJqWG2fFVgJx6 until 6 pm in
a pdf format. Use this as your file name format Surname, Given Name MI (ex. Suarez, Aldrich D).
Failure to submit on time and/or use the required file name will resort to a 0 score. Good luck!

1. Give the difference/s of probation officer and probation aide (10 points)

Probation Officer Probation Aide


A probation officer is a court officer who interacts The Probation Aide class differs from the
with people who have beensentenced to supervised Deputy Probation Officer I class in that the
probation on aregular basis. Misdemeanor offenders latter is given a broader variety of casework
andcertain low-level felons make up the majority responsibilities and is expected to work more
of this group. The vast majority of people sentenced independently.
to probation are first-time
offenders. Putting someone on supervised probation
is a way for the court to keep them out of jail.

2. Give the meaning of the new seal and official slogan of the parole and probation
administration (45 points)

a. Seventeen spokes of a wheel in red and white


BALABALA, MARK KEVIN Q. 5/21/2022
NON-INSTI FINAL ACTIVITY
Representing the Central Office and 16 Regional Offices, with their component filed units,
which carry out the PPA-DOJ mandate.
b. White color
Symbolizes as the purity of the Agency Mission.
c. Red color
The vigor of its vision.
d. Spokes
Symbolize as the strength of purpose that underlie both.
e. Six bars
Symbolizing the maximum sentence of six year’s imprisonment for which an offender may
avail of the privilege of probation.
f. Sword
Symbolic of authority in the dispensation of justice.
g. Libra
The Universal Icon of Justice, depicting the equal and fair administration of justice that PPA-
DOJ earnestly advocates, balanced by mercy and compassion for the offender striving for
reformation.
h. Seventeen leaves
Reflecting the 17 philosophies, principles and concepts of the Philippine probation
i. Glowing yellow background
Signifying the brighter future afforded a rebalitated offender.
BALABALA, MARK KEVIN Q. 5/21/2022
NON-INSTI FINAL ACTIVITY

3. EFREN SALVAN vs. THE PEOPLE OF THE PHILIPPINES (20 points)


Facts: Petitioner Efren Salvan, a bus driver, was charged with Reckless Imprudence Resulting in
Homicide for the death of John Barry Abogado At his arraignment, he pleaded guilty to the
charge. The trial court then proceeded to receive evidence to determine the civil liability of
petitioner. During the course of the hearing, petitioner and private complainant Edna Abogado,
the mother of the accused, agreed to amicably settle the civil aspect of the case. Thus the
Accused is directed to pay to the heirs of the deceased the net sum of P100,000.00,
representing the difference between the P100,000.00 earlier paid by way of amicable
settlement herein and the sum of a)
P50,000.00 in actual damages; b) P50,000.00 in civil indemnity; and c) P100,000.00 in moral
damages. EFREN SALVAN PRESENES filed a Motion
for Partial Reconsideration praying for the deletion of the additional award of damages. He also
filed an Application for Probation on the same date. The trial court denied the Motion for Partial
Reconsideration, but gave due course to the petitioners Application
for Probation.
Issue/s:Whether an Application for Probation a waiver of the right to
appeal.
Held:Yes. SEC. 4. Probation Law ...after it shall have convicted and sentenced a defendant, and
upon application by said defendant within the period for perfecting an appeal, suspend the
execution of the sentence and place the defendant on probation for such period and upon such
terms and conditions as it may deem best; Provided, If the defendant has finalized his or her
appeal from the judgment of conviction, no application for probation will be considered or
granted. The submission of a probation application should be considered a concession of the
right to appeal based only on the language of the law. It has no bearing on civil culpability at all..
Although the execution of sentence is suspended by the grant of probation, it does not follow
that the civil liability of the offender, if any, is extinguished. The best way to understand the
intertwining of criminal and civil culpability is to look at the illegal conduct itself, which by
definition creates two (2) types of injury. The first is the public injury created by the criminal act,
which is sought to be repaired by the imposition of the appropriate penalty, and the second is
the personal injury inflicted to the victim of the crime, which injury is sought to be paid through
civil compensation. This is entrenched in our criminal code, which states that anyone found
guilty of a felony is likewise held civilly accountable. Thus, Article 113 of the Revised Penal Code
provides that, except in case of extinction of civil liability, the offender shall continue to be
obliged to satisfy the civil liability resulting from the crime committed by him, notwithstanding
the fact that he has served his sentence consisting of deprivation of liberty or other rights, or
has not been required to serve the same by reason of amnesty, pardon, commutation of
sentence or any other reason. Furthermore, this principle has found its way into our rules of
criminal procedure, where it is provided that an action for recovery of civil liability is deemed
instituted in the criminal action unless reserved by the offended party. And yet it must be
remembered that the civil liability of the accused is not part of the penalty for the crime
committed: it is personal to the victim. If the defendant has perfected an appeal from the
judgment of conviction, the Probation Law forbids a judge from entertaining or granting an
BALABALA, MARK KEVIN Q. 5/21/2022
NON-INSTI FINAL ACTIVITY
application for probation. The fact of conviction most certainly refers to the criminal liability of
the accused, as a result of a finding made by a judge that he is guilty of the crime charged.

4. BALA vs. MARTINEZ G.R. No. L-67301 January 29, 1990 (20 points)

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/s: BALA WON the probation was revoked at the proper time.

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

The end of the probation period does not immediately terminate probation under the
Probation Law. The ipso facto termination of probation is not mentioned anywhere in the
probation law. Probation does not run concurrently with its duration. The court must first issue
an order of final discharge based on the probation officer's report and recommendations. Only
then will the probationer's case be considered closed.

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.

The probation officer plays a major role in the probationer's release because he is in the best
position to report all information related to the probationer's conduct, mental and physical
condition in his environment, and the existing institutional and community resources that he
may use when necessary.

The failure to comply with the set and fixed conditions has defeated the very purposes of
the probation law, which are to: a) promote the correction and rehabilitation of an offender by
providing him with individualized treatment; b) provide an opportunity for a penitent offender
to reform, which would be less likely if he served a prison sentence; and c) prevent the
commission of offenses.
BALABALA, MARK KEVIN Q. 5/21/2022
NON-INSTI FINAL ACTIVITY

5. Give the organizational chart of the PPA (5 points)


BALABALA, MARK KEVIN Q. 5/21/2022
NON-INSTI FINAL ACTIVITY

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