Arnel Colinares was charged with frustrated homicide.

There are different testimonies between the

parties.

Arnel alleged that he only attacked Rufino as self defense. RTC rendered its judgement finding Arnel
guilty of frustrated homicide, with a maximum penalty of imprisonment for six years and one day. Under
the Probation law, the maximum probationable imprisonment was only up to six years, thus
disqualifying Arnel for application for probation.

Arnel appealed to the Court of Appeals, invoking self-defense, and seeking conviction for the lesser
crime attempted homicide. This crime also has a lower penalty regarding the duration of imprisonment,
qualifying Arnel to apply for probation. The CA affirmed the decision of the RTC.

Arnel appealed and the Supreme Court ruled that the crime should be attempted homicide, and
remanded the case to the lower courts. However, Some in the Court does not agree that this ruling
entitles Arnel the right to apply for probation upon the remand of the case to the RTC. Some contend
that under the probation law, no application for probation shall be entertained or granted if the
defendant has perfected the appeal from the judgement of conviction, which applies to Arnel’s case.

Issue: Whether or not Arnel may be allowed to apply for probation upon remand of his case to the RTC.
YES.