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G.R. No. L-59298 April 30, 1984
FLORENTINA L. BACLAYON, petitioner, vs. HON. PACITO G. MUTIA, as Presiding Judge of the Municipal Court of Plaridel, Misamis Occidental and PEOPLE OF THE PHILIPPINES, respondents.
FACTS OF THE CASE:
Municipal Court of Plaridel, Misamis Occidental convicted Florentina L. Baclayon a teacher of Plaridel Central School by the crime Serious Oral Defamation to Pacito G. Mutia , principal of the Plaridel Central School, taking into account the aggravating circumstance of disregard of the respect due the offended party on account of her rank and age and the fact that the crime was committed in the office of the complainant in the public school building of Plaridel, Misamis Occidental where public authorities are engaged in the discharge of their duties during office hours, increased the penalty imposed by respondent judge and sentenced petitioner to one 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. On the same date petitioner applied for probation with respondent judge who referred the application to a Probation Officer . On December 21, 1981, respondent Judge issued an order granting petitioner's probation, but modified the Probation Officer's recommendation by increasing the period of probation to five (5) years and by imposing the following conditions:
(a) To present herself to the jprobation officer designated to undertake her supervision at such place as may be specified in the order within seventy- two hours from receipt of said order;
(b) To report to the Probation Office or any specified place designated by the Probation Officer at least once a month in person;
(c) To reside at the premise approved by the Probation Officer and not change her residence without prior written approval;
(d) To permit the Probation Officer to visit her house and place of work or an authorized Social
FLORENTINA L. BACLAYON, petitioner, vs. HON. PACITO G. MUTIA, as Presiding Judge of the Municipal Court of Plaridel, Misamis Occidental and PEOPLE OF THE PHILIPPINES, respondents.
FACTS OF THE CASE:
Municipal Court of Plaridel, Misamis Occidental convicted Florentina L. Baclayon a teacher of Plaridel Central School by the crime Serious Oral Defamation to Pacito G. Mutia , principal of the Plaridel Central School, taking into account the aggravating circumstance of disregard of the respect due the offended party on account of her rank and age and the fact that the crime was committed in the office of the complainant in the public school building of Plaridel, Misamis Occidental where public authorities are engaged in the discharge of their duties during office hours, increased the penalty imposed by respondent judge and sentenced petitioner to one 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. On the same date petitioner applied for probation with respondent judge who referred the application to a Probation Officer . On December 21, 1981, respondent Judge issued an order granting petitioner's probation, but modified the Probation Officer's recommendation by increasing the period of probation to five (5) years and by imposing the following conditions:
(a) To present herself to the jprobation officer designated to undertake her supervision at such place as may be specified in the order within seventy- two hours from receipt of said order;
(b) To report to the Probation Office or any specified place designated by the Probation Officer at least once a month in person;
(c) To reside at the premise approved by the Probation Officer and not change her residence without prior written approval;
(d) To permit the Probation Officer to visit her house and place of work or an authorized Social