Osmeña can oppose Rodriguez probation

Officials of Parole and Probation Administration in Central Visayas yesterday said Mayor Tomas Osmeña can oppose Jonah John Rodriguez's application for probation but he must present valid reasons to justify his move.

PPA regional director Ofelia Quijano explained that as the complainant, Osmeña has the right to oppose the application for probation filed by Rodriguez, who was convicted for grave threats for sending lewd and threatening cell phone text messages to the mayor and his wife Margot in 2001.

Aside from his objection to the probation, the mayor also plans to send copies of the court decision on Rodriguez's conviction to different embassies in order prevent Rodriguez from traveling abroad.

But the mayor's lawyer, Sisinio Andales, admitted that they could not block Rodriguez's application for probation since it is guaranteed under the law. "It is a matter of right man gud, dili na nato mababagan gawas og duna siyay previous conviction."

Likewise, Andales said Osmeña could not prevent Rodriguez from traveling abroad because there is no hold departure order issued by the court against Rodriguez. Besides, he said it is a constitutionally guaranteed right of every individual to travel.

He said Rodriguez cannot even be forced to compensate the P200,000 damages ordered by the court if he is not capable to pay, adding that the least they could do is to get Rodriguez's properties or have him pay gradually from his salary.

Rodriguez, 31, has applied for probation after the court sentenced him to six months imprisonment but the PPA has yet to receive an order from the court directing its probation officers to conduct post sentence investigation of Rodriguez.

Under the procedure, the court would give the probation officers two months to submit the post sentence investigation report with either the recommendation or denial of the application for probation.

An application for probation shall be deemed a waiver of the right to appeal and an order granting or denying probation shall not be appealable.

In determining whether an offender may be placed on probation, the court shall consider all information relative to the character, antecedents, environment, mental and physical condition of the offender.

An application for probation shall be denied if the court finds the offender in need of correctional treatment that can be provided most effectively by his commitment to an institution; if there is an undue risk that during the period of probation, the offender will commit another crime; and if the probation will depreciate the seriousness of the offense committed.

Quijano said that once they receive the court order, she would immediately assign a probation officer to conduct the investigation.

Among the issues to be proven include whether the applicant was not previously convicted and sentenced to serve a maximum jail term of more than six years, or if he was convicted for subversion or any crime against the national security or the public order.

Quijano said that since 1978, there were over 34,000 convicts who applied for probation with their office but about 3,500 were denied for their failure to comply with the rules.

The probationers will be required to report to their designated probation officers at least once a month. - Rene U. Borromeo and Fred P. Languido