Republic of the Philippines
Regional Trial Court
7th Judicial Region
Branch 8, Cebu City
PEOPLE OF THE PHILIPPINES,
Plaintiff,
Case No.: R-CEB-21-04963 & 64-CR
-versus- For: Violation of Sections 5 and 11 of
Article II of the Republic Act 9165
BRYAN KRISTOFFER
MAGLASANG & DENNIS
CHRISTIAN TABARES,
Accused.
X-------------------------------------------/
APPLICATION FOR PROBATION WITH MOTION TO POST AND FIX
BAIL PENDING APPROVAL OF THE APPLICATION FOR PROBATION
The accused BRYAN KRISTOFFER MAGLASANG, through and by
undersigned counsel, unto this Honorable Court, most respectfully applies
for probation under the provisions of Presidential Decree No. 968 (P.D.
No. 968), otherwise known as the Probation Law of 1976, as amended by
Republic Act (R.A.) 10707, and states that:
1. When arraigned the accused pleaded guilty for Violation of
Section 12, Article II of RA 9165 instead of Violation of Sections 5, Article II
of RA 9165 as charged, and was sentenced to serve the term of
imprisonment of not more than four (4) years and a fine for each case, and
has not yet started serving the same;
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 six (6) months
and one day and/or fine of not less than one thousand pesos
(Php1,000.00), and that he has not been once placed on probation under R.
A. 10707;
4. Accused has all the qualifications and none of the
disqualifications to avail of the benefits of the Probation Law.
5. That the 1987 Constitution of the Philippines provides that
“All persons, except those charged with offenses punishable by reclusion perpetua
when evidence of guilt is strong, shall, before conviction, be bailable by sufficient
sureties, or be released on recognizance as may be provided by law.” 1
1
Section 13, Article III of the 1987 Philippine Constitution
People vs Tabares & Maglasang
Case No.: R-CEB-21-04963 & 64-CR
Application for Probation
6. The Revised Rules of Court provides that “Upon conviction by
the Regional Trial Court of an offense not punishable by death, reclusion perpetua,
or life imprisonment, admission to bail is discretionary”. 2
7. Moreover, P.D. 968, as amended, aptly provides that pending
submission of the investigation report and the resolution of the petition,
the defendant may be allowed on temporary liberty under his bail filed in
the criminal case;
8. Herein accused, before his arrest, worked as a Motorcycle for
Hire in Cebu City to support his family, and has no existing criminal
record. He is an indigent individual and his family is not engaged in any
lucrative employment. A copy of a Certification of Indigency issued by
their barangay to prove that the accused doesn’t have any
income/business in their barangay and that he belongs to the indigent
family in their community, is hereto attached and marked as “Annex 1”;
9. There is neither risk nor possibility of flight on the part of
herein accused. It would be advantageous for everyone if the accused be
given temporary liberty thereby allowing him to continue seeking gainful
employment and, at the same time, help decongest our jail facilities;
10. Thus, for humanitarian consideration, and in light of the
current and existing COVID-19 pandemic, we beseech the heart and
compassion of this Honorable Court to fix bail in the amount that this
Honorable Court finds it reasonable under the circumstances while his
application for probation is still pending;
11. This motion is done in good faith and solely for the foregoing
reason.
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed
of this Honorable Court that this Application for Probation be referred to
the Parole and Probation Officer of Cebu City for the requisite post-
sentence investigation and thereafter, the application for probation be
approved.
Further, accused most respectfully prays that he be allowed to post
bail, for his temporary liberty, in the amount that this Honorable Court in
the amount that this Honorable Court finds it reasonable under the
circumstances while his application for probation is still pending.
Other just and equitable reliefs are likewise prayed for.
Respectfully submitted.
Cebu City, Philippines. September 1, 2021
2
Section 5, Rule 114 of the Rules of Court
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People vs Tabares & Maglasang
Case No.: R-CEB-21-04963 & 64-CR
Application for Probation
By:
DARYL ANDREW C. MONTECLAR
Counsel for the Accused
Roll No. 70561
Office Add.: Unit 12, RD Bldg., (In front of PSA) Colon St., Cebu City
Contact Account: 09177931367 or 032 5059760/
[email protected] PTR No.: 2024041/January 20, 2021 - Cebu City
IBP No.: 106697/January 5, 2021 - Cebu Chapter
MCLE Compliance No. VI – 0010810, Valid Until April 14, 2022
At my behest:
BRYAN KRISTOFFER MAGLASANG
Accused / Applicant
X----------------------------------------------------------------------------------------------/
REQUEST
Branch Clerk of Court
Regional Trial Court
Branch 8, Cebu City
Greetings!
Please submit the foregoing Application for Probation with Motion
to Post Bail for the kind consideration of this Honorable Court
immediately upon receipt hereof.
Thank you.
Daryl Andrew C. Monteclar
Counsel for the Accused
Copy furnished via email:
ACP Mario Ley Gidayawan
Handling Prosecutor
City Prosecution Office
Cebu City, Philippines
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