Accused-Applicant Humbly Submits That She Possesses All The

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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


11th JUDICIAL REGION
BRANCH 13
DAVAO CITY

PEOPLE OF THE PHILIPPINES,


Plaintiff,

- versus - Criminal Case No. 114878

KC SUNSHINE BAND,
Accused.
x ---------------------------------------------- x

APPLICATION FOR PROBATION

THE ACCUSED, by counsel, respectfully applies for probation pursuant


to the provisions of Presidential Decree No. 968, as amended.

In support of this application, the accused respectfully submits the


following:

1. Accused-applicant is of legal age and currently gainfully employed at


ASN Broadcasting Corporation located at Timog Avenue, Davao City. On
23 February 2020, she pleaded “guilty” to the offense charged herein;
consequently, this Honorable Court in its Order dated 8 March 2020
sentenced accused-applicant to an indeterminate penalty ranging from three
(3) years to five (5) years of prision correccional.

[2] 2. Accused-applicant humbly submits that she possesses all the


qualifications and none of the disqualifications enumerated under section 2
of Presidential Decree No. 968, specifically:

2.1. She has not been convicted of any crime against national
security or public order;

2.2. She has not been previously convicted by final judgment


of an offense punishable by imprisonment of not less than one
(1) month and one (1) day and/or a fine of not less than Two
Hundred Pesos (P200.00);
2.3. She has not previously applied for nor had been
previously placed under probation under Presidential Decree
No. 968.

2.4. She has not started to serve her sentence and, to date, has
not filed any Notice of Appeal from the Order of conviction.

3 Finally, granting this application will not in any way depreciate the
seriousness of the offense charged nor cause any undue risk that during the
period of probation, accused-applicant will commit another crime.
Moreover, accused-applicant does not need any correctional treatment
requiring commitment to an institution.

[3] WHEREFORE, accused-applicant respectfully prays that her


application for probation be GRANTED and that she be placed under
probation under such terms and conditions necessary to attain and ensure the
objectives of the law and which, under the circumstances, are fair, just and
reasonable in the sound discretion of this Honorable Court.

Davao City; 12 March 2020.

(SGD)ATTY. EMILIO SORIANO


COUNSEL FOR THE ACCUSED
Roll of Attorneys No. 99999
IBP No.09988; 12/13/2020; Davao City
PTR No.068575C;12/13/2020; Davao City
MCLE Compliance No.: 111-005483
Buhangin, Davao City

NOTICE OF HEARING

THE BRANCH CLERK OF COURT


Regional Trial Court
11th Judicial Region
Davao City, Branch 13

THE HONORABLE ASSISTANT CITY PROSECUTOR


Office of the City Prosecutor
Hall of Justice, Davao City
Greetings:

Please take notice that the foregoing Motion will be submitted for the
Court’s consideration and resolution on March 20, 2020 at 8:30 a.m. or as
soon thereafter as matter and counsel may be heard.

(SGD)ATTY. EMILIO SORIANO


COUNSEL FOR THE ACCUSED

COPY FURNISHED:

THE BRANCH CLERK OF COURT


Regional Trial Court
11th Judicial Region
Davao City, Branch 13

THE HONORABLE ASSISTANT CITY PROSECUTOR


Office of the City Prosecutor
Hall of Justice, Davao City

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