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  • Almero vs. People

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    Kat Miranda
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    The petitioner was convicted of reckless imprudence resulting in homicide and injuries. He applied for probation claiming he only found out about his conviction when arrested. The court denied his application, citing his lack of cooperation and failure to update his address. The RTC granted probation but the CA reversed, upholding the original denial. The Supreme Court affirmed, stating probation is a privilege granted at the court's discretion primarily for society's benefit, not the accused's. The petitioner was not entitled to probation given his uncooperative behavior.

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    almero vs.people, remedial law, prosecution of offenses, crimpro digest, almero

    Titre original

    50. Almero vs. People

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    The petitioner was convicted of reckless imprudence resulting in homicide and injuries. He applied for probation claiming he only found out about his conviction when arrested. The court denied his application, citing his lack of cooperation and failure to update his address. The RTC granted probation but the CA reversed, upholding the original denial. The Supreme Court affirmed, stating probation is a privilege granted at the court's discretion primarily for society's benefit, not the accused's. The petitioner was not entitled to probation given his uncooperative behavior.

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    © All Rights Reserved
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    Signaler comme contenu inapproprié
    443 vues1 page

    Almero vs. People

    Transféré par

    Kat Miranda
    The petitioner was convicted of reckless imprudence resulting in homicide and injuries. He applied for probation claiming he only found out about his conviction when arrested. The court denied his application, citing his lack of cooperation and failure to update his address. The RTC granted probation but the CA reversed, upholding the original denial. The Supreme Court affirmed, stating probation is a privilege granted at the court's discretion primarily for society's benefit, not the accused's. The petitioner was not entitled to probation given his uncooperative behavior.

    Droits d'auteur :

    © All Rights Reserved
    Téléchargez comme DOCX, PDF, TXT ou lisez en ligne sur Scribd
    Signaler comme contenu inapproprié
    sur 1

    ENRIQUE ALMERO vs.

    PEOPLE OF THE PHILIPPINES


    G.R. No. 188191
    March 12, 2014

    FACTS: Petitioner is accused in a criminal case for reckless imprudence resulting in homicide
    and multiple physical injuries. On 8 January 2007 the MTC found him petitioner guilty and
    sentenced him to suffer prision correccional in its medium and maximum periods. Petitioner filed
    an Application for Probation on 7 September 2007, reasoning that he was informed of his
    conviction only upon being served the warrant for his arrest. The prosecutor opposed his
    application on the ground that he was known to be uncooperative, habitually absent, and had
    even neglected to inform the court of his change of address. The MTC denied his application,
    thus petitioner filed a special civil action for certiorari assailing the denial of his application for
    probation. Upon appeal the RTC reversed and set aside the ruling of MTC and remanded the
    case to the latter. CA however reversed the RTC ruling and upheld the MTC’s decision in
    denying the application for probation.

    ISSUE: Is petitioner entitled to probation?

    RULING: No, petitioner is not entitled to probation. Probation is not a right but a mere
    privilege, an act of grace and clemency conferred by the State, and may be granted by
    the court to a deserving defendant. Accordingly, the grant of probation rests solely upon
    the discretion of the court. It is to be exercised primarily for the benefit of organized
    society, and only incidentally for the benefit of the accused. Probation is a special
    privilege granted by the state to a penitent qualified offender.

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