REPUBLIC OF THE PHILIPPINES
XX JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH, xxxx
PEOPLE OF THE
PHILIPPINES,
CRIM CASE NO. -B-2025
For: Violation of Section 5 of
RA 9165
- versus –
xxx,
Accused.
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APPLICATION FOR PROBATION
COMES NOW, the accused, thru the undersigned counsel
of the Public Attorneys’ office to this Honorable Court, most
respectfully alleges:
1. That on 10 April 2025, for the above-mentioned
criminal case and after being appraised of the
consequences of plea bargaining, accused pleaded
guilty to the lesser charge of Section 31 of RA 10591;
2. That in the Order issued by this court, accused is
sentenced to wit:
“WHEREFORE, in view of the foregoing,
accused Raymond Badayos y Herrera @ Bunso
is hereby found guilty beyond reasonable doubt
of the crime of Violation of Section 31 of RA
10591 and he is hereby sentenced to suffer an
imprisonment of six (6) months and one (1) day
as arresto mayor as minimum up to three (3)
years as prision correccional as maximum and
to pay a fine of Php10,000.00”
3. That accused wishes to apply for probation;
4. That as provided by PD 968 as amended by RA 10707,
SECTION 1. Section 4 of Presidential Decree
No. 968, as amended, is hereby further
amended to read as follows:
“SEC. 4. Grant of Probation. — Subject to the
provisions of this Decree, the trial court may,
after it shall have convicted and sentenced a
defendant for a probationable penalty and
upon application by said defendant within the
period for perfecting an appeal, suspend the
execution of the sentence and place the
defendant on probation for such period and
upon such terms and conditions as it may
deem best.
Probation may be granted whether the
sentence imposes a term of imprisonment or a
fine only. [Emphasis supplied]
5. That based on the foregoing, accused is not
disqualified to apply for probation in both cases;
6. That accused undertakes to comply with such terms
and conditions as this Honorable Court may impose if
his petition for probation will be granted;
7. That the Omnibus Rules on Probation Methods and
Procedures state:
SECTION 17. Effects of Filing and Receipt. —
The Trial Court may, upon receipt of the
application filed, suspend the execution of the
sentence imposed in the judgment. [Emphasis
supplied]
PRAYER
WHEREFORE, it is most respectfully prayed by
accused xxx, that this Honorable Court:
1. give due course to this Application for
Probation, and place herein accused on
probation in accordance with law;
2. suspend the execution of sentence imposed in
both cases in the form of imprisonment and
payment of fine in accordance with law.
Further, accused prays for such other relief as this
Honorable Court may deem just and equitable under the
premises.
City of Biñan. 22 April 2025
DEPARTMENT OF JUSTICE
PUBLIC ATTORNEY’S OFFICE
Counsel for the Accused
Biñan District
By:
xxx
NOTICE
xxx
Branch Clerk of Court
Regional Trial Court, Branch x
xxxx
Greetings!
Please take notice that the undersigned will electronically
submit the foregoing pursuant to AM No. 10-3-7-SC and 11-9-4-SC, for
consideration and approval of the Honorable Court upon receipt
thereof.
xxx
Copy Electronically Furnished:
xxx
