Inez v. Superior Court

PATROSSO, J. pro tem.* This is an original proceeding to review an order restoring probation following an order terminating probation. Upon filing of the petition we issued an order to show cause.

The petitioner having been found guilty of violating Penal Code, section 67, bribery, he was, on July 6, 1956, placed upon probation for a period of 10 years upon various conditions including among others that his place of residence and employment be approved by the probation officer.

On November 27, 1956, petitioner gave notice of a motion for modification of probation which was supported by an affidavit wherein it was averred that defendant “lives in Los Angeles with his wife and child while all of his brothers reside in the Philippine Islands and operate a bus terminal in Manila running buses to the provinces and want defendant to enter the business with them. That defendant wishes to return to the Islands with his own family to live and would like permission to leave and would like permission of this Court to do so. That defendant is informed there is no compact between the United States and the Philippine Islands whereby supervision may be carried on in the Islands.”

The motion came on for hearing on December 13, 1956, and in granting the same the court stated: “He [the defendant] will be permitted to leave the country and probation will be terminated when he leaves the United States to become a resident of the Philippine Islands. That means that you are not just to go over to the Philippine Islands and then come back to the United States, because if you do, we will reinstate probation.” The order as it appears in the minutes reads as follows: “Probation is modified: Defendant is permitted to return to his home in the Philippine Islands upon payment of remainder of his fine. Probation to be terminated upon his leaving the United States. Released.”

Following this order petitioner, during the latter part of March 1957, left the United States for Manila arriving there on March 28, 1957. In leaving the United States he applied for and was granted a passport and visa permitting him to enter the Philippine Islands as a temporary visitor. He left his wife and child in Los Angeles and he did not dispose of his furniture or any of his other possessions before leaving. He remained in Manila only from March 28, 1957, to April 14, 1957, returning to this country on April 15, 1957. There[793]after he was brought before the court for violating his probation and on October 20, 1958, the court restored probation upon the same terms and conditions as those previously imposed. Petitioner seeks annulment of this last order.