Almero V. Pp. of the Phil.

GR. No. 188191

FACTS:

Enrique Almero was convicted by the MTC of the crime of Reckless Imprudence Resulting
homicide and multiple physical injuries and to suffer the penalty of prision correccional in its medium
and maximum periods.

Almero filed its application for probation. The prosecution opposed the application for
probation for the reasoning that the applicant was uncooperative, habitually absent and even neglected
to inform the court of his change of residence which became the basis of the MTC to deny the
application of probation the applicant.

Almero filed a petition before the RTC with a prayer for further scrutiny of his application of
probation. The RTC ruled that the MTC committed grave abuse of discretion and remanded the case to
the MTC for the granting of probation.

The prosecution elevated the case before the Court of Appeals, in which, the CA ruled reversing
and setting aside the decision of the RTC with a reasoning that the granting of probation rests upon the
court the case was first filed and the probation was applied.

Almero filed a petition before the Supreme Court seeking the reversal of the decision of the
Court of Appeals and to grant him probation.

ISSUE:

Whether or not Almero can be granted probation

RULING:

No.

Probation is not a right but a mere privilege, an act of grace and clemency which may be granted
by the state through the court to a deserving applicant. The grant of probation rests upon the discretion
of the court. The perfection of an appeal is a waiver for the application of probation.

A person convicted by a court has the option whether to appeal or to apply for probation if
qualified and granted by the court. Perfection of an appeal and application of probation cannot be done
a person because it constitutes forum shopping which is prohibited by law.