G.R. NO.

108747 APRIL 6, 1995

PABLO C. FRANCISCO

VS

COURT OF APPEALS

FACTS:

Petitioner Pablo C. Francisco, upon humiliating his employees, was accused of multiple grave
oral defamation in five separate information instituted by five of his employees.

On January 2, 1990, After Nearly 10 years, the MeTC of Makati, found the petitioner Pablo C.
Francisco, guilty of grave oral defamation, in four (4) of the five (5) cases filed against him, and
sentenced him to a prison term of prision correccional in its minimum period in each crime committed
on each date of the case. Francisco then elevated the case to the RTC in which they sentenced him only
of eight straight months for appreciating mitigating circumstance.

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 or Not 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.