CASE # 38

G.R. No. 152044. July 3, 2003 DOMINGO LAGROSA and OSIAS BAGUIN vs. THE PEOPLE OF THE PHILIPPINES and THE HONORABLE COURT OF APPEALS Decision on : PETITION FOR REVIEW IN THE DECISION OF THE COURT OF APPEALS RE CA-GR NOS 67308 and THE DENIED MOTION FOR RECONSIDERATION APPLICATION FOR PROBATION

Original Case :

FACTS: Petitioners were convicted for violation of the Revised Forestry Code and sentenced to suffer imprisonment with minimum periods of prision correccional to maximum of prision mayor. Raised in the Court of Appeals, decision was affirmed although modified by reducing the sentence to indeterminate penalty ranging from prision correccional, minimum to its maximum period. Said decision became final and executory. Petitioners after conviction, applied for probation but was denied both by the lower court and Court of Appeals so as the Motion for Reconsideration filed by the same. ISSUES: 1. WHETHER OR NOT THE APPLICATION FOR PROBATION WAS MERITORIOUS? 2. WHETHER OR NOT BOTH COURTs ERRED IN THEIR DECISION BY DENYING THE APPLICATION FOR PROBATION APPLIED BY BOTH PETITIONERS? SC RULINGS: 1. PD 968 as amended by PD 1990 allows application for probation in a conviction on appeal only if the accused has not served his sentence yet. When petitioners perfected their appeal, ipso facto they relinquished alternative remedy for probation. The contention of the petitioners that their right to apply for probation only accrued by the time Court of Appeals released its decision is deemed without merit. They could have applied for probation solely, but having to raise appeal to prove their innocence precluded them to avail such privilege. 2. Petitioners failed to establish that the appeal they made in their conviction was due to erroneous penalty imposed by the court. An accused, who although already eligible does not at once apply for probation but did so after his appeal on his conviction failed clearly denotes intent to make the probation as an escape. Both courts issued sound decision for denying their application . Petition for Review of : a) CAs decision b) Petition for Reconsideration as denied Are all affirmed.