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Republic of the Philippines

_______ JUDICIAL REGION


_____Municipal Circuit Trial Court
PROVINCE OF_________

PEOPLE OF THE PHILIPPINES,

Plaintiff,
Crim. Case No.

---versus--- FOR: Violation of Sec. 86 and


95 of RA 10654

XXXXXXX et. al.

Accused.
X-----------------------------------------------X

APPLICATION FOR PROBATION

COMES NOW, the Accused, assisted by the Public Attorney’s


Office through the undersigned counsel, unto this Honorable Court
most respectfully submits and avers that:

1. The Accused were charged for violation of Sections 86 and 95 of


Republic Act 10654, An Act to Prevent, Deter and Eliminate Illegal,
Unreported and Unregulated Fishing, Amending Republic Act No.
8550, otherwise known as "The Philippine Fisheries Code of 1998,"
and For Other Purposes;

2. In Criminal Case XXXXXXXXX, Accused __________were found


guilty by the Honorable Court and were penalized with imprisonment
of SIX MONTHS;

3. In Criminal Case XXXXXXXX Accused _________were found


guilty by the Honorable Court and were penalized with imprisonment
of TWO YEARS;

4. However, on the day of promulgation of judgment, only the four (4)


accused, namely xxxxxxxxxxxx, appeared in court;

5. The above-named Accused, by counsel, respectfully apply for


probation pursuant to the provisions of Presidential Decree 968 (P.D.
968) as amended by Republic Act 10707;
6. In support of this Application, the Accused submit that they
possess all the qualifications and none of the disqualifications under
P.D. 968 as amended;

6.1 They have not been convicted of a crime against


national security.

6.2 They have not previously been convicted by final


judgment of an offense punished by imprisonment of
more than six (6) months and one (1) day and/or a fine of
more than one thousand pesos (P1,000.00)

6.3 They have not previously applied for nor had been
previously placed under probation under P.D. 968, as
amended.

6.4 They have not started to serve their sentence, and as


of date, have not filed any appeal from the Order of
conviction.

6.5 There is no prohibition under RA 10654 that they,


being convicted persons, cannot avail of the privilege
granted by the Probation Law.

7. 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, the Accused will commit another
crime. Moreover, the Accused do not need any correctional treatment
requiring commitment to an institution.

8. The Accused are sincerely remorseful of having committed the


offense and if granted probation, they are willing to undergo
supervision under such terms and conditions that may be imposed by
the Honorable Court.

WHEREFORE, foregoing premises considered, in the interest


of justice and for humanitarian consideration, it is most respectfully
prayed to this Honorable Court that this Application for Probation be
considered and granted. Other reliefs just and equitable under the
premises are likewise prayed for.

This ___ day of ____________, 20__ at __________


Philippines.

Respectfully submitted.
Counsel for the Accused:

PUBLIC ATTORNEY’S OFFICE


_______DISTRICT OFFICE
xxxxxxxxxxxx

ATTY.___________
OIC,

By:

ATTY._____________
Public Attorney I
Roll No. ____________
IBP Lifetime No. __________
Admitted to the Bar on ___________
MCLE Compliance No. ___________
(valid until______________)

NOTICE OF HEARING

Branch Clerk of Court


Municipal Circuit Trial Court
_________, Quezon

GREETINGS!

Please include the foregoing Application for Probation in the


Court’s calendar for the consideration and resolution of the Honorable
Court.

ATTY. _____________

HON. _____________
Office of the Provincial Prosecutor
_____________Quezon

GREETINGS!
Please take notice that the foregoing Application for Probation
shall be submitted for the consideration and approval of the
Honorable Court as soon as the matter may be heard.

ATTY. ____________

Copy Furnished:

Hon. _______________
Office of the Provincial Prosecutor
_____________, Quezon

Parole and Probation Office


Hall of Justice Building
_______________, Quezon

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