Republic of the Philippines

Fifth Judicial Region

REGIONAL TRIAL COURT
Branch 52
Sorsogon City

PEOPLE OF THE PHILIPPINES, CRIM. CASE NO. 16-9636

Plaintiff, FOR: VIOLATION OF SEC. 11
` ART. II, R.A. 9165 AS
-vs.- AMENDED BY R.A. 10640

SANDY MACANDOG y
SEMINIANO.
Accused.
X-----------------------X

MANIFESTATION & PETITION FOR PROBATION

With Prayer for Temporary Recognizance Pending Resolution of the Instant
Petition & Submission of Investigation Report

ACCUSED, SANDY MACANDOG y SEMINIANO, by counsel, unto

this Honorable Court, most respectfully PETITIONS this Honorable Court to
avail the benefits of the provisions of Probation Law and SUBMITS as follows,
to wit:

1. That in an ORDER dated 15 January 2020, this

Honorable Court convicted herein accused, the dispositive portion
of said Decision is hereunder quoted, to wit:

“Wherefore, finding the accused Sandy Seminiano Macandog

guilty beyond reasonable doubt for Violation of Section 12 of R.A. 9165,
he is hereby sentenced to suffer the straight penalty of Three (3) years and
to pay a fine of P20,000.00 without subsidiary imprisonment in case of
insolvency.

Having been diagnosed by Dr. Jazel Sabdao Calleja of the City

Health Office, Bacon District, Sorsogon City as positive for mild
metamphetamine use, accused is hereby ordered to undergo enrolment to
Community Based Rehabilitation Program under Donsol LGU.

SO ORDERED.

Given in open Court, this 15th day of January, 2020, at Sorsogon

City, Philippines.

MAXIMO R. ABLES
Presiding Judge”
 2. That the accused is submitting to the Decision of this
Honorable Court and is no longer interposing a reconsideration of
said Decision, much more appeal said Decision;

3. That the accused personally received the written copy

of the Decision on 15 January 2020, in open Court, and within the
period of perfecting an appeal, this 20 January 20202, hereby files
and make manifest his intention to apply and avail the provisions
and benefits of Probation Law of 1976, as amended, at first
opportunity;

4. That herein accused is a FIRST TIME OFFENDER and

possesses ALL the qualifications and NONE of the disqualifications
of an applicant for probation under Section 9 of P.D. 968 otherwise
known as the Probation Law of 1976, as amended;

5. That it is the intention of the herein accused in the

strongest terms, in order to buy peace and to put halt to this
circuitous legal procedure and in order to promote correction and
rehabilitation of herein offender, to apply for the magnanimous
consideration of this Honorable Court for him to be allowed to
avail the benefits and provisions of probation;

6. That he had been religiously and promptly attending

every hearings of his case from its inception until the rendition of
sentence and as such would not evade service of sentence, if
required;

7. That it would be more in consonance with the concept

of restorative justice principle in criminal law, if he will be allowed
to avail the benefits of probation;

8. That if placed under probation by this Honorable

Court he will willingly and voluntarily impose unto himself upon
such terms and conditions, as may be imposed by this Honorable
Court and submit to the supervision of the probation officer;

9. That the accused hereby imposes upon himself that

he SHALL:

(a) Present himself to the probation officer designated to

undertake his supervision at such place as may be specified in the order
within seventy-two hours from receipt of said order;

(b) Report to the probation officer at least once a month at such

time and place as specified by said officer;
 10. That if required by these Honorable Court accused
hereby imposes upon himself that he SHALL:

(a) Cooperate with a program supervision;

(b) Meet his family responsibilities;

(c) Devote himself to a specific employment and not to engage said

employment without the prior written approval of the
probation officer;

(d) Undergo medical, psychological or psychiatric examination

and treatment and enter and remain in a specified institution,
when required for that purpose;

(e) Pursue a prescribed secular study or vocational training;

(f) Attend or reside in a facility established for instruction,

recreation or residence of persons on probation;

(g) Refrain from visiting houses of ill-repute;

(h) Abstain from drinking intoxicating beverages to excess;

(i) Permit the probation officer or an authorized social worker to

visit his home and place of work;

(j) Reside at premises approved by it and not to change his

residence without prior written approval; or

(k) Satisfy any other condition related to the rehabilitation of the

accused and not unduly restrictive of his liberty or
incompatible with his freedom of conscience.

11. That pending submission of the INVESTIGATION

REPORT and the RESOLUTION of this instant Petition, it is most
respectfully prayed that the accused be allowed temporary liberty
on recognizance to the custody of herein counsel on record, who
under oath, shall guarantee his appearance when required by this
Honorable Court;

PRAYER

WHEREFORE, it is most respectfully prayed unto this Honorable Court

that in pursuit of the correctional and rehabilitative principle of criminal law and
in order that herein first time offender be provided with an opportunity for
reformation, that he be allowed to avail the benefits of probation. Moreover, it is
likewise prayed, that pending resolution of this application for probation at the
first opportunity, that the execution of the sentence be suspended. Further, it is
respectfully prayed that accused be allowed temporary liberty on recognizance
to the custody of herein counsel on record, who under oath, shall guarantee his
appearance when required by this Honorable Court.
 Other reliefs just and equitable under the circumstance are likewise
prayed for.

January 20, 2020, Sorsogon City, Philippines.

CYRIL C. OROPESA
Counsel for the Accused
Rollo No. 54962
IBP No. 847640/January 2, 2014
PTR No. 147967/January 15, 2015
MCLE Compliance No. IV-0023763 UP Law Center
University of the Philippines, Diliman, Quezon City
#435 Market Site Sirangan, Sorsogon City
CP No. 09177672368/cyril_621975@yahoo.com

With my Conformity:

SANDY S. MACANDOG
Accused-Petitioner

NOTICE

THE BRANCH CLERK OF COURT

Regional Trial Court, RTC-Branch 52
Hall of Justice, Sorsogon City

GREETINGS! Kindly submit the foregoing MANIFESTATION &

PETITION FOR PROBATION will be submitted on January 24, 2020, for
consideration and approval of the Honorable Court, Regional Trial Court Branch
52, Sorsogon City, immediately upon receipt hereof sans any argument.

CYRIL C. OROPESA
Counsel for the Accused
Rollo No. 54962
IBP No. 847640/January 2, 2014
PTR No. 147967/January 15, 2015
MCLE Compliance No. IV-0023763 UP Law Center
University of the Philippines, Diliman, Quezon City
#435 Market Site Sirangan, Sorsogon City
CP No. 09177672368/cyril_621975@yahoo.com

NOTICE

THE BRANCH CLERK OF COURT

Regional Trial Court, RTC-Branch 52
Hall of Justice, Sorsogon City

THE HON. PROVINCIAL PROSECUTOR

Provincial Prosecution Office
Hall of Justice, Sorsogon City

PLEASE be informed that the foregoing MANIFESTATION &

PETITION FOR PROBATION will be submitted upon receipt hereof without
further arguments on January 24, 2020, at 8:30 o’clock in the morning at the
Session Hall of the Regional Trial Court, Branch 52- Sorsogon.

CYRIL C. OROPESA
Counsel for the Accused
Rollo No. 54962
IBP No. 847640/January 2, 2014
PTR No. 147967/January 15, 2015
MCLE Compliance No. IV-0023763 UP Law Center
University of the Philippines, Diliman, Quezon City
#435 Market Site Sirangan, Sorsogon City
CP No. 09177672368/cyril_621975@yahoo.com

Copy Furnished:

The Hon. Provincial Prosecutor

Provincial Prosecution Office
Hall of Justice, Sorsogon City