REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FOURTH JUDICIAL REGION
BRANCH WWW
CCC, LAGUNA

PEOPLE OF THE PHILIPPINES

- versus – CRIMINAL CASES NOS. 1111 and

2222
For: Violation of Sections 5 and 11 of
Republic Act No. 9165
DDDD,
Accused.
X-----------------------------X

APPLICATION FOR PROBATION

with Motion to Post Bail pending
Submission of Investigation Report

COMES NOW, accused DDDD, through the undersigned counsel, unto

this Honorable Court, who most respectfully states THAT:

1. In Criminal Case No. 1111, the accused pleaded GUILTY to the lower
offense of Violation of Section 12 of Republic Act (R.A.) No. 9165 and was
sentenced to suffer the penalty of imprisonment for one (1) year as minimum
to four (4) years as maximum and to pay a fine of Ten Thousand Pesos (Php
10,000.00);

2. Meanwhile, in Criminal Case No. 2222, the accused pleaded GUILTY to the
lower offense of Violation of Section 12 of Republic Act (R.A.) No. 9165
and was sentenced to suffer the straight penalty of imprisonment for one (1)
year and to pay a fine of Ten Thousand Pesos (Php 10,000.00);

3. Accused wishes to avail of the benefits under the law, particularly

Presidential Decree (P.D) No. 968, as amended by Republic Act (R.A) No.
10707, otherwise known as the Probation Law of 1976, as amended;

4. Accused is not a disqualified offender, as described and enumerated in

Section 9 of P.D. 968, as amended by R.A. No. 10707;

5. The accused would like to invoke Section 7 of Presidential Decree (P.D.) No.
968 which provides:

“Section 7. Period for Submission of Investigation Report. The probation

officer shall submit to the court the investigation report on a defendant not
later than sixty days from receipt of the order of said court to conduct the
investigation. The court shall resolve the petition for probation not later
than five days after receipt of said report.
 Pending submission of the investigation report and the resolution of the
petition, the defendant may be allowed on temporary liberty under his
bail filed in the criminal case; Provided, That, in case where no bail was
filed or that the defendant is incapable of filing one, the court may allow
the release of the defendant on recognize the custody of a responsible
member of the community who shall guarantee his appearance whenever
required by the court.” (emphasis supplied)

As such, the accused prays to this Honorable Court to fix the amount of bail for
his provisional liberty;

6. Accused DDDD has been in detention for the above cases since 2022. The
accused has no gainful employment and has no means to pay the steep
amount of bail. Nevertheless, he prays to the Honorable Court that the
amount of bail be set to a lower amount, considering that the accused is an
indigent.

A copy of the Certificate of Indigency issued by the City Social Welfare and
Development Office (CSWDO) issued in the name of accused DDDD is
hereby attached and marked as Annex “A”;

7. Accused undertakes to comply with such terms and conditions that this
Honorable Court may impose if this Application for Probation will be
granted.

PRAYER

WHEREFORE, in view of the foregoing, it is most respectfully prayed, upon

submission of the report and recommendation of the Probation Office, that this
Honorable Court:

1. Give due course to this Application for Probation and place herein accused on
probation in accordance with the law; and

2. Fix the amount of bail for the temporary liberty of the accused in accordance
with the law.

Other reliefs, just and equitable, are likewise prayed for.

Respectfully submitted.

Biñan City, Laguna, 09 August 2023.

PUBLIC ATTORNEY’S OFFICE

CCC, Laguna

ATTY. RRRR
Public Attorney II
Roll No. QQQQQ
IBP No. FFFFF
 MCLE Compliance: (Certificate Pending); Admitted: July 08, 2020

NOTICE

Honorable Clerk of Court

Regional Trial Court Branch 152
Biñan City, Laguna

GREETINGS!

Please submit the foregoing for the immediate consideration of this

Honorable Court.

ATTY. RRRR

EXPLANATION

Due to the urgency of this matter, as well as distance, time & manpower
constraints, as well as the on-going COVID-19 pandemic, the foregoing motion
was served to the opposing party/ies via electronic mail (pursuant to Rule 15,
Section 5 (b) of the 1997 Rules of Civil Procedure, as amended) through the email
address/es listed below.

ATTY. RRRR
COPY FURNISHED:
Office of the Hon. City Prosecutor
CCC City, Laguna