REPUBLIC OF THE PHILIPPINES

Fourth Judicial Region

REGIONAL TRIAL COURT
Branch 63
Calauag, Quezon

PEOPLE OF THE PHILIPPINES,

Complainant,
-versus- Criminal Case No. 21-9069-C
For: Violation of P.D. 705
EDUARDO NATIVIDAD y Barrera,
Accused.
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APPLICATION FOR PROBATION

COMES NOW, accused EDUARDO NATIVIDAD y Barrera, represented

by the Public Attorney’s Office, through 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:

1. That accused is of legal age, Filipino and a resident of Purok 4,

Barangay Sta. Milagrosa, Calauag, Quezon;

2. That accused, on February 22, 2022, pleaded guilty to a lesser offense

of Theft in lieu of violation of P.D. 705, for which he was sentenced to
suffer a penalty of imprisonment of arresto mayor medium to prision
correccional medium or imprisonment from four months and one day
to two years and four months and to pay the government the sum of
PhP 6,720 as damages.

3. The offense for which he was convicted is not one against the security
of the state;

4. He has not been once on probation pursuant to P.D. No. 968 as

amended;

5. Accused is indigent and has no property to pay the fine imposed,

hence he is respectfully praying that the subsidiary imprisonment
pursuant to Article 39 of the Revised Penal Code be included in his
probation (Copies of the Certificate of Indigency and Certificate of No
Real Property are hereby attached as Annexes “A” and “B”
respectively)

6. He is not otherwise disqualified to invoke the right provided for under

the Probation Act;

7. Accused promises to obey the orders of the Honorable Court relative

to this petition.

WHEREFORE, premises considered and in the interest of substantial

justice, it is respectfully prayed that the application for probation be considered
in his favor and his preventive imprisonment be deducted from the penalty
imposed upon him for the purpose of his Application for Probation.
 Further, the accused prays for such other relief as may be deemed just
and equitable under the premises.

Calauag, Quezon, March 03, 2022.

Respectfully submitted,

PUBLIC ATTORNEY’S OFFICE

Calauag District Office
Calauag, Quezon

CHRISTOPHER ESTELITO A. OCAMPO

Public Attorney III, OIC
IBP No. 017413 (Lifetime member)
Attorney’s Roll No. 67637
MCLE Compliance No. VI-0025054

By:

PAUL M. FLORENDO
Public Attorney I
IBP O.R. No. 200156; 01/24/22
Roll of Attorney No. 68344
MCLE Compliance No. VI-0003360

Copy furnished:

OFFICE OF THE PROVINCIAL PROSECUTOR

Calauag, Quezon
By: Personal Service

PAROLE & PROBATION OFFICE

Hall of Justice Bldg.,
Bonifacio St., Gumaca, Quezon
By: registered mail