Republic of the Philippines

REGIONAL TRIAL COURT

4th Judicial Region
Branch 63
Calauag, Quezon

PEOPLE OF THE PHILIPPINES,

Complainant,
Criminal Case Nos. 22-9223-C &
-versus- 22-9224-C
For: Viol. of Secs. 5 & 11, Art. II
of RA 9165
JOHN ERICK EVANGELISTA,
Accused.
x--------------------------x

APPLICATION FOR PROBATION

COMES NOW, accused JOHN ERICK EVANGELISTA, represented by

the Public Attorney’s Office, through the undersigned counsel, and unto this
Honorable Court, most respectfully applies for probation under the provisions
of Presidential Decree No. 968 as amended and states:

1. That accused is of legal age, Filipino and a resident of Brgy. Sabang

Uno, Calauag, Quezon;

2. That accused pleaded guilty to a lesser offense of Violation of Section

12 in lieu of violation of Sections 5 and 11 of RA 9165, for which he
was sentenced to suffer a penalty of one year and a fine of PhP 10,000
each for Criminal Case Nos. 22-9223-C and 22-9224-C.

3. The offense for which he was convicted is not one against the security
of the state;

4. He has not been once on probation pursuant to P.D. No. 968 as

amended;

5. Accused is indigent and has no property to pay the fine imposed,

hence he is respectfully praying that the subsidiary imprisonment
pursuant to Article 39 of the Revised Penal Code be included in his
probation (Copies of the Certificate of Indigency and Certificate of No
Real Property are hereby attached as Annexes “A” and “B”
respectively)

6. He is not otherwise disqualified to invoke the right provided for under

the Probation Act;

7. Accused promises to obey the orders of the Honorable Court relative

to this petition.

WHEREFORE, premises considered and in the interest of substantial

justice, it is respectfully prayed that the application for probation be considered
in his favor and his preventive imprisonment be deducted from the penalty
imposed upon him for the purpose of his Application for Probation.
 Further, the accused prays for such other relief as may be deemed just
and equitable under the premises.

Calauag, Quezon, March 18, 2022.

Respectfully submitted,

PUBLIC ATTORNEY’S OFFICE

Calauag District Office
Calauag, Quezon

CHRISTOPHER ESTELITO A. OCAMPO

Public Attorney III, OIC
IBP No. 017413 (Lifetime member)
Attorney’s Roll No. 67637
MCLE Compliance No. VI-0025054

By:

PAUL M. FLORENDO
Public Attorney I
IBP O.R. No. 200156; 01/24/22
Roll of Attorney No. 68344
MCLE Compliance No. VI-0003360

Copy furnished:

OFFICE OF THE PROVINCIAL PROSECUTOR

Calauag, Quezon
By: Personal Service

PAROLE & PROBATION OFFICE

Hall of Justice Bldg.,
Bonifacio St., Gumaca, Quezon
By: registered mail
 Republic of the Philippines
REGIONAL TRIAL COURT
4th Judicial Region
Branch 63
Calauag, Quezon

PEOPLE OF THE PHILIPPINES,

Complainant,
Criminal Case Nos. 22-9223-C &
-versus- 22-9224-C
For: Viol. of Secs. 5 & 11, Art. II
of RA 9165
JOHN ERICK EVANGELISTA,
Accused.
x--------------------------x

EX-PARTE MOTION TO BE RELEASED

IN RECOGNIZANCE
COMES NOW, accused JOHN ERICK EVANGELISTA, represented by the Public
Attorney’s Office, through the undersigned counsel, and unto this Honorable Court, most
respectfully states that:

1. He has already filed his Application for Probation on March 18, 2022;

2. Pending resolution or approval of his Application for Probation he wants to

be released in the custody of Barangay Kagawad Bernadette F. Dela Cruz of
Brgy. Sabang Uno, Calauag, Quezon;

3. That he is presently detained at MPS-Lopez, Calauag, Quezon;

4. His custodian is a responsible member of the community, and undertakes to

comply with the obligation to bring and present the said accused whenever
required;

5. Section 15 of Rule 114 of the Rules of Court provides:

Sec. 15. Recognizance. – Whenever allowed by law or these Rules, the

court may release a person in custody on his own recognizance or that
of a responsible person.

6. In relation, Section 12 of R.A. 10389 otherwise known as “Recognizance Act of

2012” states:

Section 12. No Release on Recognizance After Final Judgment or

Commencement of Sentence; Exception. – The benefits provided under
this Act shall not be allowed in favor of an accused after the judgment
has become final or when the accused has started serving the sentence:
Provided, That this prohibition shall not apply to an accused who is
entitled to the benefits of the Probation Law if the application for
probation is made before the convict starts serving the sentence
imposed, in which case, the court shall allow the release on
recognizance of the convict to the custody of a qualified member of
the barangay, city or municipality where the accused actually
resides.
 7. That Section 12 of R.A. 10389 applies to the accused after conviction but before
serving sentence in cases decided by the Regional Trial Court, and is an
exception to the provisions of Sections 5 and 6 of R.A. 10389;

WHEREFORE, premises considered and in the interest of substantial justice, it is

respectfully prayed that pending approval of his Application for Probation, he be released to
the custody of Barangay Kagawad Bernadette F. Dela Cruz of Brgy. Sabang Uno, Calauag,
Quezon.

Calauag, Quezon, March 18, 2022.

Respectfully submitted,

PUBLIC ATTORNEY’S OFFICE

Calauag District Office
Calauag, Quezon

CHRISTOPHER ESTELITO A. OCAMPO

Public Attorney III, OIC
IBP No. 017413 (Lifetime Member)
Roll of Attorney No. 67637
MCLE Compliance No. VI-0025054

By:

PAUL M. FLORENDO
Public Attorney I
IBP O.R. No. 200156; 01/24/22
Roll of Attorney No. 68344
MCLE Compliance No. VI-0003360

Conforme:

BERNADETTE F. DELA CRUZ

Brgy. Kagawad
Brgy. Sabang Uno,
Calauag, Quezon

Copy furnished:

OFFICE OF THE PROVINCIAL PROSECUTOR

CALAUAG, QUEZON