Application For Probation

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Republic of the Philippines

REGIONAL TRIAL COURT


7th Judicial Region

PEOPLE OF THE PHILIPPINES, Crim. Case No.


Plaintiff, AR XXXX

-versus- For: VIOLATION OF


SECTION 3 (C), of RA 9287
JUAN DELA CRUZ,
Accused.
x-------------------------------------x

APPLICATION FOR PROBATION

Accused-Applicant, JUAN DELA CRUZ, through the undersigned counsel, most


respectfully states:

1. That the accused is 37 years of age, single but with live-in partner, Filipino and a
resident of Daanglungsod, Alcoy, Cebu;

2. That on DECEMBER 14, 2022, herein accused enters into a plea bargaining
agreement with the State, that he may able to plead guilty to a lesser offense which is
necessarily included in the offense charged;

3. That the accused when re-arraigned, pleaded guilty to the lesser offense of Section
3 (a) of RA 9287, for the same law which he was charged, which is necessary
included in the crime charged and meted a straight penalty of 30 days
imprisonment;

4. That the accused intends to avail probation under the provisions of P.D. No. 968,
as amended. Hence this Application is filed within the reglementary period
provided for by law (Emphasis supplied);

5. That the crime for which he was convicted is not an offense against the security of the
state or the crime against public order;

6. That he has not been convicted by final judgment of any offense punished by
imprisonment of who have previously been convicted by final judgment of an offense
punished by imprisonment of more than six (6) months and one (1) day and/or a fine
of more than one thousand pesos (P1,000.00) (RA 10707 dated November 26, 2015);

7. That he has not been on probation once under the provisions of P.D. No. 968, as
amended;

8. That the applicant is not disqualified in Section 91 of the Probation Law; and

9. That the applicant is bonded and continue to abide with conditions of his bond.
PRAYER

1
SEC. 9. Disqualified Offenders. — The benefits of this Decree shall not be extended to those:
“a. sentenced to serve a maximum term of imprisonment of more than six (6) years;
“b. convicted of any crime against the national security;
“c. who have previously been convicted by final judgment of an offense punished by imprisonment of more than six (6)
months and one (1) day and/or a fine of more than one thousand pesos (P1,000.00);
“d. who have been once on probation under the provisions of this Decree; and
“e. who are already serving sentence at the time the substantive provisions of this Decree became applicable pursuant to
Section 33 hereof.”

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WHEREFORE, foregoing premises considered, it is most respectfully prayed of this
Honorable Court to give due course to this application for probation and place herein Applicant
on probation in accordance with law.

Other reliefs, just and equitable under the premises, are also prayed for.

DECEMBER 15, 2022.

PUBLIC ATTORNEY’S OFFICE By:

Atty. PEDRO DELA CRUZ


Roll No. XXXX
Public Attorney I
(Pursuant to R.A. 9406)

OIC, Clerk of Court,


Regional Trial Court

Greetings!
Please submit the foregoing motion to the Honorable Court for due consideration and
resolution immediately upon receipt, or unless set for hearing by the Honorable Court at its
convenient date. Thank you.

Atty. PEDRO DELA CRUZ


Provincial Prosecutor’s Office of Cebu
DOJ Bldg., DA Compound,
Guadalupe, Cebu City
Email:
EXPLANATION OF SERVICE

This pleading was sent to Hon. XXXX through his personal email, for expediency.

ATTY. PEDRO DELA CRUZ

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