Republic of the Philippines

Second Judicial Region

REGIONAL TRIAL COURT
Branch 25
Bulanao, Tabuk City, Kalinga

PEOPLE OF THE PHILIPPINES, CRIM. CASE No. 49-2021

Plaintiff,

-versus- FOR:

BENNY ABOLI y ALLUYUN VIOLATION OF SEC. 11 RA

9165
Accused,
x~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~x

APPLICATION FOR PROBATION

ACCUSED, by the undersigned counsel, and unto this Honorable

Court, most respectfully applies for probation under the provisions of
Presidential Decree No. 968 as amended and states that:

1. On June 18, 2021, accused was allowed to plead guilty to the lesser
offense of violation of Section 12 Article II of R.A. 9165 or for illegal
possession of equipment, instrument, apparatus and other
paraphernalia for dangerous drugs pursuant to A.M. No. 18-03-16-
SC;

2. Thereafter, accused was re-arraigned and he pleaded guilty to

Section 12 Article II of R.A. 9165 for both charges;

3. On the same date, the undersigned received the decision of the

Honorable Court of which the accused was convicted for violation of
Section 12, Article II of R.A. No. 9165 or illegal possession of
equipment, instrument, apparatus and other paraphernalia for
dangerous drugs and hereby imposed upon him the indeterminate
penalty of imprisonment ranging from One (1) Year and One (1) Day
to Three (3) years and to pay a fine of Ten Thousand Pesos (Php 10,
000.00) for each case;

4. Under the applicable rules, the accused has a period of fifteen (15)
days from the date of promulgation or until July 3, 2021 within
which to file his Application for Probation;

5. The accused was not sentenced to serve a maximum term of

imprisonment of more than six years;

6. The crime for which the accused was convicted is not an offense
against national security or public order;

7. The accused has not been previously convicted by final judgment of

any offenses punishable by imprisonment of more than six (6)
 months and one (1) day and/or a fine of more than one thousand
pesos (Php 1,000.00);

8. The accused has not been once placed on probation under the
provisions of Presidential Decree No. 968, otherwise known as the
Probation Law of 1976, as amended; and

9. Considering that the accused has all the qualifications and none of
the disqualifications to avail of the benefits of the Probation Law and
considering that the same is more favorable to the accused in order
for him to be reintegrated again in the society as expressed in the
declaration of policy under R.A. 9165, herein accused most
respectfully requests for the favorable recommendation of the Parole
and Probation Officer of Tabuk City, Kalinga, and the gracious
approval of the Honorable Court of the instant Application for
Probation.

WHEREFORE, premises considered, it is most respectfully prayed of

this Honorable Court that the Application for Probation be referred to the
Parole and Probation Officer of Kalinga for the requisite post-sentence
investigation and thereafter, the application for probation be approved.

Other just and equitable reliefs are also prayed for.

RESPECTFULLY SUBMITTED.

June 30, 2021, Tabuk City, Kalinga, Philippines.

CALLUENG PANGSIW BALNAO and ANDE LAW OFFICES

Unit H Second Floor Eduard Building, Purok 3,
Provincial Road, Bulanao Norte, Tabuk City, Kalinga

BY:

RENE A. CALLUENG
Roll No. 66226; June 23, 2016
PTR No. 3241395; 01-04-21; Kalinga
IBP LIFETIME OR NO. 1057140; 04-01-17; Kalinga Chapter
MCLE No. VI-000286, valid until 04-14-22
Email Add: rencallueng05071989@gmail.com/09177120877

With my conformity:

BENNY ABOLI y ALLUYUN

(Accused)

NOTICE OF HEARING

The Clerk of Court

Regional Trial Court
Branch 25
Tabuk City, Kalinga

Pros. Reynold B. Alunday

Office of the City Prosecutor
Dagupan, Tabuk City, Kalinga

Greetings!

Please submit the foregoing petition for the kind consideration of the
Honorable Court immediately upon receipt hereof and set the hearing for
the motion on July 9, 2021. Thank you.

RENE A. CALLUENG

EXPLANATION ON THE MODE OF SERVICE

A copy of the foregoing pleading was served by Registered Mail with

Return Card to this Honorable Court and to the adverse party, in lieu of
personal service due to the non-availability of sufficient personnel on the
part of the undersigned counsel. (Disregard if served personally.)

RENE A. CALLUENG

Copy furnished:

ATTY. REYNOLD B. ALUNDAY

Deputy City Prosecutor Received By: _____________________
Office of the City Prosecutor Date: _____________________
Dagupan, Tabuk City, Kalinga

PAROLE AND PROBATION

OFFICE Received By: _____________________
Hall of Justice, Capitol Date: _____________________
Compound,
Purok 6, Bulanao, Tabuk City,
Kalinga