Republic of the Philippines

Regional Trial Court

7th Judicial Region
Branch 13, Cebu City

PEOPLE OF THE PHILIPPINES,

Plaintiff,
Case No.: R-CEB-21-00534 & 35-CR
-versus- For: Violation of Sections 5 and 11 of
Article II of the Republic Act 9165
FLORENTINO AGBO CABISO,
Accused.
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APPLICATION FOR PROBATION WITH MOTION TO POST AND FIX

BAIL PENDING APPROVAL OF THE APPLICATION FOR PROBATION

The accused FLORENTINO AGBO CABISO, through and by

undersigned counsel, unto this Honorable Court, most respectfully applies
for probation under the provisions of Presidential Decree No. 968 (P.D. No.
968), otherwise known as the Probation Law of 1976, as amended by Republic
Act (R.A.) 10707, and states that:

1. When arraigned the accused pleaded guilty for Violation of

Section 12, Article II of RA 9165 instead of Violation of Sections 5 & 11, Article
II of RA 9165 as charged, and was sentenced to serve the term of
imprisonment of not more than two (2) years and a fine for each case, and has
not yet started serving the same;

2. The crime for which the accused was convicted is not an offense
against national security or public order;

3. Accused has not been previously convicted by final judgment of

any offense punishable by imprisonment of not less than six (6) months and
one day and/or fine of not less than one thousand pesos (Php1,000.00), and
that he has not been once placed on probation under R. A. 10707;

4. Accused has all the qualifications and none of the

disqualifications to avail of the benefits of the Probation Law,

5. That the 1987 Constitution of the Philippines provides that “All

persons, except those charged with offenses punishable by reclusion perpetua when
evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties,
or be released on recognizance as may be provided by law.” 1

6. The Revised Rules of Court provides that “Upon conviction by the

Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life
imprisonment, admission to bail is discretionary”. 2
1
Section 13, Article III of the 1987 Philippine Constitution
2
Section 5, Rule 114 of the Rules of Court
 People v. Florentino Cabiso
Case No.: R-CEB-21-00534 & 35-CR
Application for Probation / Motion to Post Bail

7. Herein accused, before his arrest, worked as a Mason/Laborer

in Cebu City to support his family, and has no existing criminal record.
He is an indigent individual and his family is not engaged in any lucrative
employment. A copy of a Certificate of Indigency issued by the Office of
the Barangay Captain of Brgy. Mambaling, Cebu City, and signed by Hon.
Gines N. Abellana, to prove that the accused doesn’t have any
income/business in their barangay and that he belongs to the indigent
family in their community, is hereto attached and marked as “Annex 1”;

8. There is neither risk nor possibility of flight on the part of

herein accused. It would be advantageous for everyone if the accused be
given temporary liberty thereby allowing him to continue seeking gainful
employment and, at the same time, help decongest our jail facilities;

9. Thus, for humanitarian consideration, and in light of the

current and existing COVID-19 pandemic, we beseech the heart and
compassion of this Honorable Court to fix bail in the amount of
Php1,000.00 for each case or of any reasonable amount under the
circumstances while her application for probation is still pending;

10. This motion is done in good faith and solely for the foregoing
reason.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of

this Honorable Court that this Application for Probation be referred to the
Parole and Probation Officer of Cebu City for the requisite post-sentence
investigation and thereafter, the application for probation be approved.

Further, accused most respectfully prays that he be allowed to post

bail, for his temporary liberty, in the amount that this Honorable Court in
the amount of Php1,000.00 for each case or of any reasonable amount
under the circumstances while her application for probation is still pendin.

Other just and equitable reliefs are likewise prayed for.

Respectfully submitted.

Cebu City, Philippines. April 12, 2021.

By:

DARYL ANDREW C. MONTECLAR

Counsel for the Accused
Roll No. 70561

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 People v. Florentino Cabiso
Case No.: R-CEB-21-00534 & 35-CR
Application for Probation / Motion to Post Bail

Office Add.: Unit 12, RD Bldg., (In front of PSA) Colon St., Cebu City
Contact Account: 09177931367 or 032 5059760/monteclar143@yahoo.com
PTR No.: 2024041/January 20, 2021 - Cebu City
IBP No.: 106697/January 5, 2021 - Cebu Chapter
MCLE Compliance No. VI – 0010810, Valid Until April 14, 2022

With my consent and conformity:

FLORENTINO AGBO CABISO

Accused/Applicant
Contact No.: 0968 330 5316
Address: Sitio Abbya, Alaska, Mambaling, Cebu City

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REQUEST

Honorable Branch Clerk of Court

Regional Trial Court
Branch 13, Cebu City

Greetings!

Please submit the foregoing Pleading for the kind consideration and
approval of the Honorable Court immediately upon receipt hereof.

Thank you.

Daryl Andrew C. Monteclar

Counsel for the Accused

Copy furnished via email:

Pros. Naruzen Delfin-Lorete

Handling Prosecutor
City Prosecution Office

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