Application for Probation

REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT

 National Capital Judicial Region Branch 888 Makati City

THE PEOPLE OF THE PHILIPPINES

 Plaintiff, Criminal Case No. B-1B2 For: Arson

-versusLEX LUTHOR,

 Accused . x-------------------------------------------x

APPLICATION FOR PROBATION

THE ACCUSED, by counsel, respectfully applies for probation pursuant to the  provisions of Presidential Decree No. 968, as amended. In support of this application, the accused respectfully submits the following: 1. Accused-applicant is of legal age and currently gainfully employed at San Miguel Corporation located at Ortigas Avenue, Pasig City. On December 7, 2011 she pleaded “guilty” to the offense charged herein; consequently, this Honorable Court in its Order dated 10 December 2011 sentenced accused-applicant to an indeterminate penalty ranging from three (3) years to five (5) years of  prision   prision correccional . 2. Accused-applicant humbly submits that she possesses all the qualifications and none of the disqualifications enumerated under section 2 of Presidential Decree No. 968, specifically: 2.1. She has not been be en convicted of any crime against national security or public order; 2.2. She has not been previously convicted by final judgment of an offense punishable by imprisonment of not less than one (1) month and one (1) day and/or a fine of not less than Two Hundred Pesos (P200.00); 2.3. She has not previously applied for nor had been previously placed under probation under Presidential Decree No. 968. 2.4. She has not started to serve her sentence and, to date, has not filed any Notice of  Appeal from the Order of conviction. 3 Finally, granting this application will not in any way depreciate the seriousness of the offense charged nor cause any undue risk that during the period of probation, accused-applicant will commit another crime. Moreover, accused-applicant does not need any correctional treatment requiring commitment to an institution. 1

WHEREFORE, accused-applicant respectfully prays that her application for probation be GRANTED and that she be placed under probation under such terms and conditions necessary to attain and ensure the objectives of the law and which, under the circumstances, are fair, just and reasonable in the sound discretion of this Honorable Court. Pasig City for Makati City; 18 December 2011.

(SGD.) PETER PARKER  Counsel for the Accused VERIFICATION I hereby verify that I have read the pleading and that therein are true and correct to the best of my knowledge and belief 

(SGD.) LEX LUTHOR  Affiant

REQUEST FOR & NOTICE OF HEARING THE BRANCH CLERK OF COURT Regional Trial Court  National Capital Region, Branch 888 Please submit the foregoing Motion to the Court for its consideration an d approval immediately upon receipt hereof and kindly include the same in the court’s calendar for hearing on December  25, 2011 at 8:30 in the morning. ATTICUS FINCH 1 MockingBird Street Ayala Avenue, Makati City Please take notice that counsel has requested to be heard on December 25, 2011 at 8:30 in the morning. (SGD.) PETER PARKER  Counsel for the Accused

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