pet for probation-betonio

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Republic of the Philippines REGIONAL TRIAL COURT OF MISAMIS ORIENTAL 10 th Judicial Region RTC BRANCH 38 Cagayan de Oro City PEOPLE OF THE PHILIPPINES, CRIM. CASE NO. 2012-431 Plaintiff, -versus For: Attempted Rape JOSEPH BETONIO y CABUTAD, Accused. x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x APPLICATION FOR PROBATION COMES NOW APPLICANT JOSEPH CABUTAD BETONIO, through the Public Attorney’s Office, by the undersigned counsel, unto this Honorable Court, most respectfully avers: 1. That the above-named applicant is of legal age, Filipino citizen and a resident of Block 5, Lot 17, Relocation Site, Calaanan, Cagayan de Oro City; 2. That after plea-bargaining and upon re-arraignment on November 14, 2012, applicant entered a plea of guilty; 3. That upon promulgation of judgment on November 21, 2012, applicant was sentenced to suffer the indeterminate penalty of 2 months and 1 day of Arresto Mayor medium as MINIMUM, to 2 years, 4 months and 1 day of Prision Correccional

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Page 1: Pet for PROBATION-Betonio

Republic of the PhilippinesREGIONAL TRIAL COURT OF MISAMIS ORIENTAL

10th Judicial RegionRTC BRANCH 38

Cagayan de Oro City

PEOPLE OF THE PHILIPPINES, CRIM. CASE NO. 2012-431 Plaintiff,

-versus – For: Attempted Rape

JOSEPH BETONIO y CABUTAD, Accused.

x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

APPLICATION FOR PROBATION

COMES NOW APPLICANT JOSEPH CABUTAD BETONIO, through the

Public Attorney’s Office, by the undersigned counsel, unto this Honorable Court, most

respectfully avers:

1. That the above-named applicant is of legal age, Filipino citizen and a resident

of Block 5, Lot 17, Relocation Site, Calaanan, Cagayan de Oro City;

2. That after plea-bargaining and upon re-arraignment on November 14, 2012,

applicant entered a plea of guilty;

3. That upon promulgation of judgment on November 21, 2012, applicant was

sentenced to suffer the indeterminate penalty of 2 months and 1 day of Arresto Mayor

medium as MINIMUM, to 2 years, 4 months and 1 day of Prision Correccional medium

as MAXIMUM, and to pay private complainant the amount of Six Thousand Pesos (P

6,000.00) as civil indemnity;

4. That applicant wishes to avail of the benefit afforded to the accused under

P.D. No. 968, otherwise known as the Probation Law of 1976, as amended;

5. That he has not been convicted of any offense against the security of the state

or against public order;

6. That he had not been previously convicted by final judgment of an offense

punishable by imprisonment of more that one (1) month and/or fine of not less than Two

(2) Hundred Pesos (P 200.00);

Page 2: Pet for PROBATION-Betonio

7. That he had not been placed under probation by virtue of the provisions of

P.D. 968, as amended;

8. That when so granted by the Honorable Court, applicant obliges to submit and

comply with the conditions that may be contained in the Probation Order which the

Honorable Court may issue thereafter;

9. That it will be for the best interest of the applicant that he be placed under

probation.

WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable Court that this instant application be granted.

November 22, 2012, Cagayan de Oro City, Philippines.

PUBLIC ATTORNEY’S OFFICEHall of Justice, Cagayan de Oro City

Counsel for Applicant

By:RUBY AMOR R. BAMBA

Public Attorney III Roll No. 43448 IBP Lifetime No. 05886 MCLE Compliance No. IV-0005530 Issued on April 23, 2012

N O T I C E

Hon. ACP Benjamin M. Tabique, Jr.City Prosecutor’s OfficeCagayan de Oro City

The Acting CLERK OF COURTRTC Branch 38Cagayan de Oro City

Please take notice that the foregoing Application for Probation is submitted for the consideration and approval of the Honorable Court sans oral argument and appearance of counsel.

Thank you.

Atty. RUBY AMOR R. BAMBACopy furnished:

Hon. ACP Benjamin M. Tabique. Jr.City Prosecutor’s OfficeCagayan de Oro City

The City Probation OfficerCity Parole and Probation OfficeCagayan de Oro City

Page 3: Pet for PROBATION-Betonio