The accused, Marlon Aquino, was charged with violating drug laws. He pleaded guilty to a lesser charge and was sentenced to 6 months and 1 day in prison plus a fine. As a first time offender eligible for probation, he applied for probation and requested bail while his application is pending. His counsel argued he qualifies for probation under the law and requested his application and bail request be approved.
The accused, Marlon Aquino, was charged with violating drug laws. He pleaded guilty to a lesser charge and was sentenced to 6 months and 1 day in prison plus a fine. As a first time offender eligible for probation, he applied for probation and requested bail while his application is pending. His counsel argued he qualifies for probation under the law and requested his application and bail request be approved.
The accused, Marlon Aquino, was charged with violating drug laws. He pleaded guilty to a lesser charge and was sentenced to 6 months and 1 day in prison plus a fine. As a first time offender eligible for probation, he applied for probation and requested bail while his application is pending. His counsel argued he qualifies for probation under the law and requested his application and bail request be approved.
The accused, Marlon Aquino, was charged with violating drug laws. He pleaded guilty to a lesser charge and was sentenced to 6 months and 1 day in prison plus a fine. As a first time offender eligible for probation, he applied for probation and requested bail while his application is pending. His counsel argued he qualifies for probation under the law and requested his application and bail request be approved.
Accused, MARLON AQUINO y Lundang through counsel and unto this Honorable Court, most respectfully states, viz:
1. The Accused was charged of violating Sec. 5 & 11 Art. II of the Republic Act 9165 or otherwise known as the “Comprehensive Dangerous Drugs Act of 2002”;
2. On 13 September 2022, the Accused voluntarily pleaded guilty on both offenses to a
lesser crime of Section 12 of the same Act and sentenced to suffer a penalty of imprisonment of 6 months and 1 day and a fine amounting to Ten Thousand Pesos (P10,000.00) each for both offenses charged;
3. The Accused has 15 days from promulgation of judgment or until 28 September 2022 to avail the benefits provided by PD 968 as amended by R.A. No. 10707 or the Probation Law;
4. Upon discussing with the Accused the advantages and consequences of availing the benefits of the Probation Law, he opted to file an application for probation;
5. In view thereof, the Accused would like to avail of the benefits and privileges accorded by law to first time offenders and states the following:
a. The term of imprisonment for the crime of which the Accused was convicted does not exceed six (6) years; b. The crime for which the Accused was convicted is not a crime against national security or public order; c. The Accused have not been previously placed on probation under the provisions of P.D. 968, as amended by R.A. No. 10707; and d. He has not been previously convicted by final judgment of any offense.
6. Thus, the Accused does not suffer from any of the disqualification under the Probation Law; 7. Pending the application for probation and in accordance with the pronouncement of the Supreme Court in the case of Pascua v. People of the Philippines1, the Accused also requests that she be allowed to be released on bail or on recognizance so that he can fully cooperate with the investigation of his application.
WHEREFORE, premises considered, the Accused most respectfully prays that his Application for Probation with Petition for Bail be APPROVED by this Honorable Court and that he be allowed to be temporarily released on bail or recognizance pending his application for probation.
Other reliefs, just and equitable under the premises are also prayed for.
________________________, Philippines.
Counsel for the Accused
-NOTICE-
BRANCH CLERK OF COURT
RTC Branch Tarlac City, Tarlac
GREETINGS:
Kindly submit the foregoing Application for Probation for the consideration and approval of the Honorable Court without need of further oral arguments.
