Republic of the Philippines

Municipal Trial Court in Cities

Fourth Judicial Region
Branch 1
San Pedro City, Laguna

PEOPLE OF THE
PHILIPPINES,
Plaintiff,

- versus - Criminal Case No. 775533

For: Attempted Homicide

ARVIE ESPAÑOLA y
MAHINAY,
Accused.
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APPLICATION FOR PROBATION

Accused ARVIE ESPAÑALO y MAHINAY (“Española”), by

counsel, respectfully states:

1. On August 19, 2022, the Honorable court issued in

open court the Judgment finding the accused guilty beyond
reasonable doubt of the crime of Attempted Homicide.
Accordingly, he was sentenced to suffer an indeterminate
penalty of imprisonment of three (3) months of Arresto Mayor,
as minimum penalty, to two (2) years four (4) months and one
(1) day of Prision Correccional, as maximum penalty.

2. Accused has fifteen (15) days from August 19 within

which to file an application for probation. However, September
3 is a Saturday; hence this application may be filed until the
next working day, September 5, 2022. Therefore, the
timeliness of this application.

3. In view of accused’s conviction, he respectfully

applies for probation under the provisions of Presidential
Decree No. 968 as amended by Republic Act 10707.

4. In support of his application for probation, accused

has not begun to serve the sentence imposed upon him; and
the crime for which he was convicted is not an offense against
the security of the State.

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 5. Moreover, accused has not been previously
convicted by final judgment of any offense punishable by
imprisonment of not less than six (6) months and one (1) day
and/or fine of not less than One Thousand Pesos
(PhP1,000.00).
6. Furthermore, this is the first time that the accused
will avail of probation under Presidential Decree No. 968, as
amended.

7. In view for the foregoing, accused prays that his

application for probation be granted.

RELIEF

Accused respectfully prays that the Honorable Court

GRANT his application for probation under Presidential Decree
No. 968, as amended by Republic Act 10707; and GRANT him
other equitable relief.

San Pedro City, Laguna, August 22, 2022.

DEPARTMENT OF JUSTICE
PUBLIC ATTORNEY’S OFFICE
Counsel for the Accused
San Pedro District Office
Hall of Justice
San Pedro City, Laguna

By:

JOLINE EVA P. PONCE

Public Attorney I
Roll of Attorneys No. 11111
IBP No. 22222 / LAGUNA / May 17, 2022
Admitted to the Bar – Year 20221

1
MCLE Governing Board Order No. 01, Series of 2008, 04 July 2008.

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 NOTICE OF HEARING with
COPY FURNISHED

BRANCH CLERK OF COURT

Municipal Trial Court in Cities
Branch 1
San Pedro City, Laguna

OFFICE OF THE CITY PROSECUTOR

San Pedro City, Laguna

Ladies and Gentlemen:

Please take notice that this motion will be submitted for

the consideration and approval of the Honorable Court on
August 26, 2022 at 8:30 in the morning or at any convenient
day and time to be scheduled by the Honorable Court.

ATTY.

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