REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

13th Judicial Region
Branch 14, Tango City

PEOPLE OF THE PHILIPPINES, CRIM. CASE NO. TAN-43453

Plaintiff,

-versus- FOR: VIOL. OF SEC. 16,

ART.III RA 6425
MARLON HIMANTAYON
Accused,
X -------------------------------------/

OPPOSITION TO MOTION
FOR REVOCATION OF PROBATION

Accused, through counsel and to this Honorable Court most respectfully state:

That the Probation Officer filed the motion to revoke the probation of the accused
for the reason that he has been convicted in Criminal Case No. TAN-4584 before Branch
14 of this Honorable Court;

That the accused secure the last order of said court dismissing the said case by
reason of the affidavit of desistance executed by complainant Alexander Alexis, a copy
of said order is hereto attached as Annex “A”;

That by reason thereof the accused is qualified to enjoy his probation since Sec. 9
of PD 968 provides as follows:

“Sec. 9 . Disqualified Offenders.- The benefits of this

Decree shall not be extended to those:
a) x x x
b) x x x
c) Who have previously been convicted by final judgment of an
offense punished by imprisonment of not less than one month
and one day and/or a fine of not less than Two Hundred Pesos;
and
d) x x x

That the accused has all the qualifications and none of the disqualification in
applying for probation.

WHEREFORE, it is prayed of this Honorable Court that the motion to revoke the
probation of the accused shall be denied.

Tango City, Philippines, November 24, 2004.

ROGER RABBIT
Counsel for the Accused
A of B Bldg., TALOOC Compd.,
Burgos/Legaspi Sts., Tango City

Copy furnished to:

1. The City Prosecutor 2. The Probation Officer

Cebu City Hall of Justice Bldg.,
Cebu City