People of the Philippines Vs. Hon. Judge Antonio C. Evangelista and Guildo Tugonon

PEOPLE OF THE PHILIPPINES, Petitioner,


Vs.


Hon. Judge ANTONIO C. EVANGELISTA, as presiding judge of Branch XXI, 10th Judicial Region, RTC of Misamis Oriental, Cagayan De Oro City and Guildo S. Tugonon, Respondents.


G.R. No. 110898, February 20, 1996


Facts:

Private respondent Guildo Tugonon was charged and convicted of frustrated homicide. He filed a petition for probation. However, the chief probation and parole officer recommended denial of private respondent's application for probation on the ground that appealing the sentence of the trial, he had already waived his right to make his application for probation.

The Regional Trial Court set aside the probation's officer is recommendation and thus granted private respondent's application for probation.

Issue:

Whether or Not the RTC committed grave abuse of its discretion by granting private respondent's application for probation despite filed by the private respondent.

Held:

Yes. Private respondent filed his application for probation on December 28, 1992 after P.D. No. 1990 had taken effect. It is thus covered by the prohibition that "no application for probation shall be entertained or granted if the defendant has perfect the appeal from the judgment of the conviction" and that "the filing of the application shall be deemed a waiver of the right to appeal."

Having appealed from the judgment of the trial court and applied for probation after the court of appeals had affirmed his conviction, private respondent was clearly precluded from the benefits of probation.

The law makes no distinction between meritorious and unmeritorious appeals so neither should the court.

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