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PROBATION. What about the DAMAGES?

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1PROBATION. What about the DAMAGES? Empty PROBATION. What about the DAMAGES? Sun Feb 27, 2011 12:50 am

Bachelor7


Arresto Menor

I was the complainant in a Frustrated Homicide case I filed on the year 2000. Due to prosecutions lack of diligence and the aggravating circumstances were not alleged nor proved, the accused were convicted with a penalty of Prision Correccional for Attempted Homicide only on October 26, 2010. I was awarded of P50,000 by the RTC. He applied for Probation and was granted, I was not against of its approval as for me I want him to be reformed. The Probation officers visited our house in the province and convinced them to accept the P500/month payment of the probationer for 8 years to be completed. They insisted that based on their investigation, the probationer can pay only P500 per month. I'm aware of the Probation Law under sec. 16 that after the final discharge of the probationer he will also be fully discharged for any fine imposed as to the offense for which probation was granted. If I will accept the P500/month, the probationer would not be able to pay the full amount because the period of probation is for more than a year only. I felt prejudiced AGAIN for what happened. Please I need an advice. I've spent more than P200K already for 10 years just to get justice I deserve but until now I couldn't feel equal justice for what happened. Thank you and GOD bless.

2PROBATION. What about the DAMAGES? Empty Re: PROBATION. What about the DAMAGES? Sun Feb 27, 2011 2:22 pm

attyLLL


moderator

the alternative is to file a motion for execution, and if there are no properties in the name of the accused, then that's that. Sorry to hear that the price of justice for you is so high, and still there is no satisfaction in the result.

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3PROBATION. What about the DAMAGES? Empty Re: PROBATION. What about the DAMAGES? Wed Mar 02, 2011 2:10 am

Bachelor7


Arresto Menor

Thank you so much for your reply. I have another question. Since the probationer did not pay his civil liability although he can pay if he wants to, it only shows that he was not reformed and it seems that there was a connivance between him and the Probation officers, may it be a ground for revocation of the probation? What about the probation officers, can I file a complain against them? thank you...

4PROBATION. What about the DAMAGES? Empty Re: PROBATION. What about the DAMAGES? Fri Mar 04, 2011 8:27 pm

attyLLL


moderator

if you are sure he has sufficient properties that are still in his name, then you can file for a motion for execution.

it will be difficult to prove connivance.

https://www.facebook.com/BPOEmployeeAdvocate/

5PROBATION. What about the DAMAGES? Empty Re: PROBATION. What about the DAMAGES? Sat Mar 19, 2011 12:41 am

Bachelor7


Arresto Menor

Thank you very much...

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