Professional Documents
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Probation
Probation
-versus- - for -
ACCUSED, 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 that:
1. The accused was initially charged for violation of Republic Act (R.A.) No. 10591
(Section 28 [a]). Consequently, the accused pleaded guilty to the charge of the lesser
offense of Violation of R.A. No. 10591 under Section 31 with no aggravating and/or
mitigating circumstances.
2. On 07 September 2020, a Judgment was rendered by this Honorable Court and the
accused was adjudged GUILTY of the crime of Violation of Section 31 of R.A. No.
10591 and is hereby sentenced to suffer the indeterminate penalty of imprisonment of
SIX (6) MONTHS OF ARRESTO MAYOR, AS MINIMUM to FOUR (4) YEARS
AND TWO (2) MONTHS OF PRISION CORRECCIONAL, AS MAXIMUM and
to pay the fine of Ten Thousand Pesos (Php10,000.00) with subsidiary imprisonment
in case of insolvency.
3. The crime for which the accused was convicted is not an offense against national
security or public order;
4. Accused has not been previously convicted by final judgment of any offense
punishable by imprisonment of not less than one month and one day and/or fine of
not less than two hundred pesos;
5. Accused has not been once placed on probation under the provisions of Presidential
Decree No. 968, otherwise known as the Probation Law of 1976, as amended;
6. Accused has all the qualifications and none of the disqualifications to avail of the
benefits of the Probation Law.
Other reliefs just and equitable in the premises are likewise sought.