OCA CIRCULAR NO. 65-2008, July 22, 2008

OCA CIRCULAR NO. 65-2008, July 22, 2008

OCA Circulars July 22, 2008
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TO:
ALL TRIAL JUDGES

SUBJECT:
TERMINATION OF THE PROBATION IN CASES WHERE THE SUPERVISION
OVER THE PROBATION IS TRANSFERRED TO ANOTHER COURT

For the information and guidance of all concerned, quoted
hereunder is a portion of the Resolution of the Court En Banc dated July 1, 2008
in 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, to wit:

“[b] ADVISE the Executive Judges of the
Regional Trial Courts that the Probation Law of 1976, which provides that
“[t]hereafter, 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 which the probation case
have been granted the probation and which is in custody of the complete records
of the case concerned, a copy of the Order of information, revocation or
modification of the probation, so that the latter may be apprised of the date
and mode by which the probation case was closed.”

For strict compliance.

July __22__, 2008.Untitled Document

 
JOSE P. PEREZ
 
Court Administrator