Application for Probation

Republic of the Philippines REGIONAL TRIAL COURT FIRST JUDICIAL REGION

Santiago City Branch 7 PEOPLE OF THE PHILIPPINES, PHILIPPINES, Plaintiff, CRIMINAL CASE NO. R-2232 For: Serious Physical Injuries

-versusMARVIN Y. GALAPONG,  Accused . x----------------------------------------------x

 APPLICATION FOR PROBATION The accused, through undersigned counsel, unto this Honorable Court, respectfully states that: (1) He is of legal age, single, Filipino citizen and a resident of 76 Tacay Rd., Santiago City, Philippines; (2) On February 14, 2012, the Honorable Court rendered judgment on the aboveentitled case convicting him of the crime of serious physical injuries and sentencing him to suffer the penalty of imprisonment, the dispositive portion of which read as follows: “Wherefore, judgment is hereby rendered, finding the accused guilty of serious physical injuries defined and penalized under Article 263 of the Revised Penal Code, who is hereby sentenced to suffer an indeterminate penalty of two (2) months and one (1) day of Arresto Mayor, as minimum and one (1) year and  four (4) months of Prision Correccional, Correccional, as maximum. On the Civil aspect, accused is hereby ordered to pay the complainant the amount of Seventy Five Thousand pesos (PhP 75,000.00)as reimbursement for actual expenses. So ordered.” (3) In view of the foregoing judgment, the accused hereby most respectfully applies before the Honorable Court for probation; (4) The accused further states that he is not one among those offenders disqualified to avail of the benefits of probation, as provided under Section 9, of Presidential Decree No. 968, as amended, to wit:  Section 9. Disqualified Offenders. The benefits of this Decree shall not be

extended to those: (a) sentenced to serve a maximum term of imprisonment of more than six years; (b) convicted of any offense against the security of the State; (c) who have previously been convicted by final judgment of an offense punished by imprisonment of not less than one month and one day and/or a fine of not less than Two Hundred Pesos; (d) who have been once on probation under the provisions of this Decree; and (e) who are already serving sentence at the time the substantive provisions of this Decree became applicable pursuant to Section 33 hereof. (italics supplied) (5) The accused has not perfected nor does he intend to perfect an appeal from the aforementioned judgment of the Honorable Court;

(6) He further undertakes to faithfully and religiously comply with the conditions of the probation as provided for under P.D. 956 (Probation Law of 1976) or as may be ordered by the Honorable Court should this application for probation be granted. PRAYER WHEREFORE, premises considered, it is respectfully prayed that this pleading be noted and made part of the records of the above-entitled case and that this Application for Probation filed by the accused Marvin Y. Galapong be granted. Other relief just and equitable in the foregoing is likewise prayed for. Done this 14th day of February 2013 in Santiago City, Philippines.  ABIGAIL MOFFAIT SARANDI Counsel for the Defendant Room 831, BRT Building, 365 Ferguson Road Santiago City, Isabela PTR No. 0504248: Santiago City IBP LIFTIME No. 082008: December 30, 2010: Santiago City Roll No. 83120: May 5, 2009: Manila MCLE COMPLAINCE No. 2244845 My Commission Expires December 31, 2012 NOTICE OF HEARING

PROS. ALEJANDRO G. TUAZON Justice Hall, Santiago City Greetings! Please take notice that on February 21, 2013 at 1:00 in the afternoon or soon thereafter as counsel may be heard, the undersigned will request the Honorable Court to approve the foregoing Application for Probation without further argument and appearance from counsel.

 ATTY. ABIGAIL MOFFAIT P. SARANDI