Scribd
Upload
20 views

Application For Probation PP Vs Lloyd Descallar

law

Uploaded by

Herzl Hermosa
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
20 views

Application For Probation PP Vs Lloyd Descallar

law

Uploaded by

Herzl Hermosa
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 6

REPUBLIC OF THE PHILIPPINES

FOURTH JUDICIAL REGION


REGIONAL TRIAL COURT
BRANCH IX
BALAYAN, BATANGAS

PEOPLE OF THE PHILIPPINES,

- versus - Crim. Case No. 12066


For: Violation of Sec. 11 par. 3,
Article II of Republic Act. No. 9165

LLOYD DESCALLAR y Serrano,


Accused.
x---------------------------------------x

APPLICATION FOR PROBATION

Accused, LLOYD DESCALLAR y Serrano, through the undersigned


counsel, to this Honorable Court, most respectfully states, that:

1. The accused was charged in an Information with the crime


of Violation of Sec. 11 par. 3 of Article II of Republic Act. No. 9165;

2. On August 22, 2024, the Honorable Court granted the


accused’s motion to allow him to enter into plea bargaining.
Consequently, he was allowed to withdraw his earlier plea of not guilty
and was allowed to enter a plea of guilty to the lesser offense of
Violation of Art. II, Sec. 12 of RA 9165;

3. Thereafter, the accused was sentenced to suffer the penalty


of imprisonment of six (6) months and one (1) day and to pay a fine of
Ten Thousand Pesos;

4. Considering the penalty imposed, the accused wishes to


avail of the benefits of P.D. No. 968, otherwise known as the Probation
Law of 1976, as amended by RA No. 10707;

5. The crime for which the accused was convicted of is not a


crime against the Security of the State and Public Order;

6. The accused has all the qualifications and none of the


disqualifications to avail of the benefits of the Probation Law.

7. As regards the payment of fine, OCA Circular No. 139-2022


provides that the payment of the fine imposed as part of the penalty
shall be included as one of the conditions of an accused’s probation, and
not as a condition sine qua non for the application for probation, to wit:

“P.D. 968 or the “Probation Law of 1976”, as amended by R.A.


No. 10707, states that the court, in the probation order, shall
require the probationer to “satisfy any other condition
related to the rehabilitation of the defendant and not unduly
restrictive of his liberty or incompatible with his freedom of
conscience.

In this regard, one of the conditions of probation that the


court can order is the full satisfaction of the fine imposed,
which shall include amounts not exceeding Ten Thousand
Pesos (P10,000). This condition will also ensure the collection
of fines as part of the duties of the clerk of court, while
respecting the probationer’s constitutional right to due
process.”

8. In view thereof, the payment of the fine imposed in the


decision of the Honorable Court shall not be considered as a condition
sine qua non in the application for probation.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed


of this Honorable Court that the Application for Probation be granted.

Respectfully submitted. 02 September 2024, Balayan, Batangas.

Department of Justice
PUBLIC ATTORNEY’S OFFICE
BALAYAN, BATANGAS DISTRICT OFFICE
Hall of Justice, Balayan, Batangas

By:

HERZL HALI V. HERMOSA


Public Attorney II
Roll No. 71410
IBP No.: 425595; 1/18/2024
MCLE Compliance No. VII-0027439

COPY FURNISHED:
HON. ESMERALDA G. ANDAYA
Office of the Provincial Prosecutor
Balayan, Batangas
REPUBLIC OF THE PHILIPPINES
FOURTH JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH IX
BALAYAN, BATANGAS

PEOPLE OF THE PHILIPPINES,

- versus - Crim. Case No. 12066


For: Violation of Sec. 11 par. 3,
Article II of Republic Act. No. 9165

LLOYD DESCALLAR y Serrano,


Accused.
x---------------------------------------x

OMNIBUS MOTION
(Motion to Exempt Payment of Fine, and Application for Release on
Recognizance)

Accused, LLOYD DESCALLAR y Serrano, through the undersigned


counsel, to this Honorable Court, most respectfully states, that:

9. The accused was charged with the crime of Violation of Sec.


11 par. 3 of Article II of Republic Act. No. 9165 in Criminal Case No.
12039;

10. On August 22, 2024, the Honorable Court rendered a


Decision based on plea bargaining and sentenced him to suffer the
penalty of imprisonment of six (6) months and one (1) day and to pay a
fine of Ten Thousand Pesos (P10,000.00);

11. In compliance with the Honorable Court’s Decision,


attached as Annex 1 is the Drug Dependency Examination Certificate of
the accused indicating that he is not drug dependent;

12. The accused, being indigent, is incapable of paying the fine


in the amount of Ten Thousand Pesos (P10,000.00) imposed by the
Honorable Court. As proof, attached are the Certificate of Indigency
issued by Barangay Chairman Hon. Tomas B. Mercado of Barangay
Tumalim, Nasugbu, Batangas, as Annex 2 and the Certificate of No
Property Holding issued by Municipal Assessor Erlinda A. Dasal, as
Annex 3;
13. In this regard, the accused is praying to be exempted from
the payment of fine;

14. The accused is currently detained at BJMP Balayan,


Batangas, in relation to the instant case and he seasonably filed his
Application for Probation on September 2, 2024;

15. Accused is an indigent member of the community and is


incapable of posting bail for his provisional liberty while awaiting the
approval of his application for probation;

16. Hon. Juanito B. Arizobal, a responsible member and


incumbent Barangay Councilor of Barangay Tumalim, Nasugbu,
Batangas, is willing to accept the custody of the accused and guarantee
his appearance whenever required by the Honorable Court or the
Probation Office. Attached hereto is his Affidavit of Undertaking as
Annex 4;

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed


of this Honorable Court that:

1. The accused be exempt from the payment of fine imposed upon


him; and

2. That he be released on recognizance to Hon. Juanito B. Arizobal,


pending the approval of his application for probation.

Respectfully submitted. 02 September 2024, Balayan, Batangas.

Department of Justice
PUBLIC ATTORNEY’S OFFICE
BALAYAN, BATANGAS DISTRICT OFFICE
Hall of Justice, Balayan, Batangas

By:

HERZL HALI V. HERMOSA


Public Attorney II
Roll No. 71410
IBP No.: 425595; 1/18/2024
MCLE Compliance No. VII-0027439

COPY FURNISHED:
HON. ESMERALDA G. ANDAYA
Office of the Provincial Prosecutor
Balayan, Batangas
REPUBLIC OF THE PHILIPPINES )
PROVINCE OF BATANGAS )S.S.
MUNICIPALITY OF BALAYAN )

AFFIDAVIT OF UNDERTAKING AS CUSTODIAN

I, JUANITO B. ARIZOBAL, of legal age, Filipino and with address at


Brgy. Tumalim, Nasugbu, Batangas, after having been duly sworn to in
accordance with law hereby depose and say:

1. That I personally know LLOYD DESCALLAR y Serrano, the


accused in Criminal Case No. 12066 filed before Regional Trial
Court Branch IX, Balayan, Batangas;

2. That I am a responsible member of the community and is serving


as Barangay Councilor of Barangay Tumalim, Nasugbu, Batangas;

3. That I hereby agree to take custody of the abovenamed accused


and I will guaranty his appearance whenever so required by the
Honorable Court or the Probation Office and that I undertake to
ensure that the accused will comply with all the terms and
conditions this Honorable Court may impose for the grant of his
recognizance;

4. That I am aware of the duties and responsibilities as custodian of


the accused and of the legal consequences should I fail to bring the
accused in court whenever he is required to do so;

5. I am executing this affidavit to attest to the truth of the foregoing


statement.

IN WITNESS WHEREOF, I have hereunto set my hand this 27 th day of


August 2024 at Balayan, Batangas.

JUANITO B. ARIZOBAL
Affiant

SUBSCRIBED and SWORN to before me this 27th day of August


2024, affiant exhibiting to me his Driver’s License No. DO1-98-133503,
and represented to me that his signature was voluntarily affixed by him
for the purposes stated therein.

ATTY. HERZL HALI V. HERMOSA


Public Attorney II
(Pursuant to R.A. No. 9406)

You might also like