Republic of the Philippines
10th Judicial Region
REGIONAL TRIAL COURT
Branch 19
Cagayan de Oro City
PEOPLE OF THE PHILIPPINES, CR-FMY-_______________
Plaintiff,
- versus - FOR: VIOLATION OF R.A.
9262
JUAN DELA CRUZ,
Accused.
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APPLICATION FOR PROBATION
COMES NOW ACCUSED JUAN DELA CRUZ, through
undersigned counsel, unto this Honorable Court, most respectfully
manifests:
1. That Accused was charged for violation of Sec. 5(i) in relation to
Sec. 6(f) of Republic Act (R.A.) No. 9262, otherwise known as
Anti-Violence against Women and Children Act of 2004;
2. On November 15, 2019, the Accused received the Decision
promulgated by this Honorable Court on November 4, 2019,
wherein the Accused was sentenced with a straight penalty of
six (6) months of Arresto Mayor for violation of Section 5(f) of
R.A. No. 9262, by virtue of the variance doctrine which allows
the conviction of an Accused for a crime proved which is
different from but necessarily included in the crime charged;
3. That the Judgment also orders the Accused to pay a fine of ONE
HUNDRED THOUSAND PESOS (PhP100,000.00) and to
undergo a mandatory psychological counselling or psychiatric
treatment, and shall report compliance to the court in three (3)
months after Decision shall have become final in consonance
with Sec. 6 of R.A. 9262, to pay Private Complainant Marie
Nathalie Agcopra civil indemnity in the sum of PhP50,000.00;
moral damages of PhP50,000.00 and temperate damages of
PhP25,000.00;
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4. That Accused wishes to avail of Presidential Decree (P.D.) No.
968, otherwise known as the Probation Law of 1976 as amended
by R.A. No. 10707;
5. That Accused has not been convicted of any offense against
national security of the state and/or against public order, or of
an offense punished by imprisonment of more than six (6) years,
and that he has not been previously convicted by final judgment
or more six (6) months and one (1) day and/or a fine of more
than ONE THOUSAND PESOS (PhP1,000.00);
6. That Accused has not been on probation and have not previously
availed of the benefits of the provisions of P.D. No. 968 as
amended by RA No. 10707;
7. That Accused possesses all the qualifications and none of the
disqualifications to avail of the benefits of the Probation Law;
8. That Accused obliges himself to submit and comply with the
conditions of the Probation Order which the Honorable Court
may issue;
9. That pending resolution of this Application for Probation and
submission of the investigation report, Accused prays that he be
released under the same cash bond posted for his provisional
liberty.
WHEREFORE, it is most respectfully prayed of his Honorable
Court that after due proceedings, this Application for Probation be
referred to the Probation and Parole Officer of Cagayan de Oro City
for the requisite post-sentence investigation, and thereafter the
Application for Probation be GRANTED. It is also prayed that pending
resolution thereof and submission of the investigation report, Accused
be allowed to be released under the same cash bond.
OTHER RELIEFS just and equitable under the premises are
likewise prayed for.
__ November 2019, Cagayan de Oro City.
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[LAW FIRM]
Borromeo Bldg., Tomasaco 14th Sts.
Macasandig, Cagayan de Oro City
Tel No. (088) 856-0964
By:
JOHN STAMOS
Counsel for Defendant
Attorney’s Roll No. 123456
IBP No. 123456 (16 January 2019)
PTR. No. 123456A (03 January 2019)
Issued in Cagayan de Oro City
MCLE Compliance No. VI-0001234 (valid until 14 April 2022)
CONFORME:
JUAN DELA CRUZ
Accused/Applicant
NOTICE OF HEARING
The BRANCH CLERK OF COURT
RTC – 19
Cagayan de Oro City
Greetings!
Please take notice that the undersigned will submit the foregoing
Application for Probation to the Honorable Presiding Judge for his
consideration and resolution.
JOHN STAMOS
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Copy furnished:
______________________
City Prosecutor’s Office
Cagayan de Oro City
PROBATION AND PAROLE OFFICE
3rd Floor, Room 7, JOFELMOR Building (In front of Oro Rama)
JR Borja Street, Cagayan de Oro City
