Monday, June 22, 2015

Probation does not erase the effects and fact of conviction, but merely suspends the penalty imposed.



G.R. No. 206379, November 19, 2014, CECILIA PAGADUAN, PETITIONER, VS. CIVIL SERVICE COMMISSION* AND REMA MARTIN SALVADOR, RESPONDENTS.


“X x x.

Finally, Salvador argues that her conviction and eventual discharge from probation presents another administrative case to be filed against her because to do so would defeat the purpose of the Probation Law22  which was to erase the effect of conviction and to restore civil rights that were lost or suspended. Suffice it to state that probation does not erase the effects and fact of conviction, but merely suspends the penalty imposed. While indeed the purpose of the Probation Law is to save valuable human material, it must not be forgotten that unlike pardon, probation does not obliterate the crime for which the person under probation has been convicted. The reform and rehabilitation of the probationer cannot justify his retention in the government service.23  Furthermore, probation only affects the criminal liability of the accused, and not his administrative liabilities, if any. The Court once ruled in the case of Samalio vs. Court of Appeals⁠24 that:


X x x.”

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