REPUBLIC OF THE PHILIPPINES

SUPREME COURT
12th JUDICIAL REGION
REGIONAL TRIAL COURT OF LANAO DEL NORTE
Branch 21
Kapatagan, Lanao del Norte

PEOPLE OF THE PHILIPPINES,

- versus - Criminal Case No. 21-2982

EDNA MAE H. MARCERA, ET.AL,

Accused

X ------------------------------------------ X
APPLICATION FOR PROBATION

ACCUSED, through the undersigned counsel and unto

this Honorable Court, most respectfully applies for probation under
the provisions of Presidential Decree No. 968 as amended and
states that:

1. On 23 October 2018, accused was convicted of the crime

of Estafa defined under Article 315 and penalized under Article
315 (c) of the Revised Penal Code was sentenced to suffer a
straight prison term of One (1) year. The accused is also
directed to pay P224,528.00 to private complainant Gavina de
Vera Galbines for and by way of actual damages and P20,000
as moral damages;

2. The crime for which the accused was convicted is not an

offense against national security or public order;

3. Accused has not been previously convicted by final

judgment of any offense punishable by imprisonment of not
less than one month and one day and/or fine of not less than
two hundred pesos;

4. Accused has not been once placed on probation under the

provisions of Presidential Decree No. 968, otherwise known as
the Probation Law of 1976, as amended;
 5. Accused has all the qualifications and none of the
disqualifications to avail of the benefits of the Probation Law;

6. The grant of probation to the accused would serve the

interest of substantial justice.

7. Thus, the herein accused is availing the benefit of the

Probation Law.

PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed of this Honorable Court that the Application for Probation be
referred to the Parole and Probation Officer of Lanao del Norte for
the requisite post-sentence investigation and thereafter,
the application for probation be approved.

Other reliefs just and equitable in the premises are likewise

sought.

Bacolod, Lanao del Norte, Philippines. October 26, 2018.

ATTY. ALFONS JANSSEN P. MARCERA

Counsel for the Accused

NOTICE OF HEARING

THE BRANCH CLERK OF COURT

RTC Branch 21
Kapatagan, Lanao del Norte

Greetings!

Please submit the foregoing motion to the Honorable Court on

November 2, 2018 or some other date set by the Honorable Court at
8:30 in the morning for its favorable consideration and approval.

Atty. Alfons Janssen P. Marcera

Copy furnished by personal service:

PROSECUTOR GIOVANNIE ENCABO

Office of the Provincial Prosecutor, Lanao del Norte

PAROLE AND PROBATION OFFICE

Lanao del Norte