Crim - Baclayon V Mutia
Crim - Baclayon V Mutia
Crim - Baclayon V Mutia
Facts:
Petitioner, Florentina L. Baclayon was convicted of the crime of Serous Oral
Defamation for having quarreled with and uttered insulting and defamatory words
against Remedios Estillore, principal of the Plaridel Central School.
The CA/IAC affirmed her conviction and increased the penalty imposed by respondent
judge and sentenced her to 1 year 8 months 21 days of arresto mayor in its maximum
period to 2 years and 4 months of prision correccional in its minimum period.
The sentence was promulgated on September 9, 1981, and on the same date Baclayon
applied for probation with respondent judge who referred the application to a
Probation Officer. The Post-sentence Investigation Report favorably recommended the
granting of petitioner’s probation for a period of 3 years.
On Dec 21, 1981, respondent Judge issued an order granting Baclayon’s probation by
modified the Probation Officer’s recommendation by increasing the period of
probation to 5 years and imposed some condition.
One of the condition was, “to refrain from continuing her teaching profession,” to
which Baclayon contends; alleging grave abut of discretion in the imposition of the said
condition. She submits that said condition is not only detrimental and prejudicial to her
rights but is also not in accordance with the purposes, objective and benefits of the
probation law and prays that said condition be deleted from the order granting her
probation.
ISSUE:
W/N the respondent judge acted in grave abuse of discretion in giving the assailed condition?
Held:
YES.