G.R. No. 181306 Case Digest

G.R. No. 181306, March 21, 2011

Paterno de los Santos, Jr.

Vs Court of Appeals, et al.

Facts:

On November 20, 1996, RTC Cebu rendered a decision finding petitioner Paterno guilty of crime intentional abortion. Petitioner appealed his conviction to the CA. CA affirmed the conviction with modification as to the penalty.

Petitioner then filed an application for probation. CA denied the application. Petitioner filed a motion for reconsideration but was likewise denied. CA contends that the petitioner is ineligible to apply for probation, considering the fact that he has waived his right to avail the benefits of probation law when he appealed the judgment of conviction by the RTC.

Petitioner argues that his case is an exception provided by law – an accused who has appealed his conviction from the benefits of probation, he only became eligible only after the CA modified the judgment and reduced the maximum term of the penalty imposed to 3 years, 6months and 21 days.

In its comment, the Office of the Solicitor asserts that when the petitioner filed an appeal from the trial court’s decision, he was, in effect, precluded from the benefits of probation. Petitioner is disqualified for probation because the RTC sentenced him to suffer an imprisonment of more than 6 years which is not probationable.

Held:

Petition is without merit.

Probation is a special privilege granted by the State to a penitent qualified offender.

The pertinent provision of the Probation Law, as amended, reads:

Sec. 4. Grant of Probation. — Subject to the provisions of this Decree, the trial court may, after it shall have convicted and sentenced a defendant and upon application by said defendant within the period for perfecting an appeal, suspend the execution of the sentence and place the defendant on probation for such period and upon such terms and conditions as it may deem best; Provided, That no application for probation shall be entertained or granted if the defendant has perfected the appeal from the judgment of conviction.

It is undisputed that petitioner appealed from the decision of the trial court. This fact alone merits the denial of petitioner's Application for Probation. Having appealed from the judgment of the trial court and having applied for probation only after the Court of Appeals had affirmed his conviction, petitioner was clearly precluded from the benefits of probation.