AUG

14

PABLO C. FRANCISCO v. COURT OF APPEALS AND THE

HONORABLE MAXIMO C. CONTRERAS G.R. No. 108747. April 6,
1995
FACTS:

Pablo Francisco was accused of multiple grave oral defamation by his employees. The Metropolitan
Trial Court of Makati sentenced him of prision correccional in its minimum period in each crime
committed on each date of each case. Francisco then elevated the case to the RTC in which they
sentenced him only of eight straight months for appreciating mitigating circumstances.

Francisco failed to make an appeal on the RTC’s decision making it final. The MTC issued a warrant
of arrest, but before Francisco was to be arrested, he filed an application for probation which the
MTC denied. He went to the Court of Appeals on certiorari which was also denied.

ISSUE: Whether Pablo Francisco is still qualified to avail of probation.

RULING:

No. Petitioner is no longer eligible for probation. First, Francisco violated Sec.4 of the Probation Law
in which no application for probation shall be entertained after the judgement is final.

Second, Francisco misunderstood when he thought that his prison sentence held by the MTC was not
qualified for probation. Multiple prison terms should not be added up. Consequently, Francisco lost
his right to probation when he appealed the MTC decision to the RTC. The law considers appeal and
probation mutually exclusive remedies.

Third, Francisco’s appeal to the RTC was not for reducing his penalties but for his assertion of his
innocence. The Probation Law prevent opportunism when petitioners apply for probation when their
appeal was dismissed.

Lastly, the application for probation was filed way beyond the period allowed by law.