Legal Feasibility of Probation After Appeal Under...

LEGAL FEASIBILITY OF PROBATION AFTER APPEAL UNDER PHILIPPINE LAWS Probation is a remedy which offenders must avail of at the first opportunity. As presently worded, the Probation Law requires that the application for probation must be filed within the period for perfecting an appeal. Thus, the filing of an appeal and an application for probation are mutually exclusive remedies, such that recourse to one necessarily bars resort to the other – as each will operate as an automatic waiver of the other. Despite what appears to be the clear and categorical wording of Section 4 of the Probation Law that â€Å"no application for probation shall be entertained or granted if the defendant has perfected the appeal from the judgment of conviction,†Ã¢â‚¬ ¦show more content†¦Ã¢â‚¬Å"The modification of the penalty imposed on appellant brought him outside the sphere of the disqualification provided by law.† (as originally emphasized) In resolving the motion for leave to apply for probation, the Court of Appeals ruled: â€Å"We agree with the above observations of the Office of the Solicitor General. And we would like to add that the reasons of PD 1990 for amending PD 968 by disqualifying a defendant who has perfected an appeal from the judgment of conviction against him from applying for probation are: â€Å"’WHEREAS, the time, effort and expenses of the Government in investigating and prosecuting accused persons from the lower courts up to the Supreme Court, are oftentimes rendered nugatory when, after the appellate Court finally affirms the judgment of conviction, the defendant applies for and is granted probation; â€Å"’WHEREAS, probation was not intended as an escape hatch and should not be used to obstruct and delay the administration of justice, but should be availed of at the first opportunity by offenders who are willing to be reformed andShow MoreRelatedBusiness in Singapore30736 Words   |  123 PagesDoing Business in Singapore DOING BUSINESS IN SINGAPORE 1 CONTENTS 3 4 11 FOREWORD INTRODUCTION - Getting to know Singapore OVERVIEW OF LEGAL ENVIRONMENT - Legal Framework - Handling Civil Disputes - Employment - Immigration - Competition Act - Singapores Free Trade Agreement (FTAs) STARTING A BUSINESS BANKING RELATIONSHIP IN SINGAPORE - Introduction to the Financial Landscape in Singapore - Banking in Singapore - Business Credit Facilities - Business Protection TYPES OF BUSINESS ORGANISATIONSRead MoreStrategic Human Resource Management72324 Words   |  290 Pagesdeliberate and planned? What is Strategic HRM? What are the outcomes of an HR strategy? What different models are there of HR strategy? How is Strategic HRM Different from Other Aspects of HRM? So what determines an organisation s HRM strategy? Is legal compliance strategic? So is responding to ethical issues strategic? So is corporate social responsibility strategic? Page 2 2 3 5 6 6 7 12 12 13 14 14 B. C. D. E. How Does Research Show that Strategic HRM Adds Value to an OrganisationRead MoreExploring Corporate Strategy - Case164366 Words   |  658 Pagesreverse a decline? KPMG (A) – managing change in professional services. Xerox – difficulties with leadership at the global giant. UNHCR – managing change in a global not-for-profit organisation. Burtons (A,B,C) – three stages of a retailer’s development under different leaders. Key: ââ€" Ã¢â€"  = major focus ââ€"  = important subsidiary focus Introduction to strategy Business environment: general Five forces analysis Capability analysis Corporate governance Stakeholder expectations Social responsibility Culture CompetitiveRead MoreStrategic Marketing Management337596 Words   |  1351 Pageselectronic means and whether or not transiently or incidentally to some other use of this publication) without the written permission of the copyright holder except in accordance with the provisions of the Copyright, Designs and Patents Act 1988 or under the terms of a licence issued by the Copyright Licensing Agency Ltd, 90 Tottenham Court Road, London, England W1T 4LP. Applications for the copyright holder’s written permission to reproduce any part of this publication should be addressed to the publisher