FIRST DIVISION
[UDK-15181. December 10, 2014.]
CONSTANTINO GOÑA, JR. y EUSEBIO ALIAS "MIKE DELA CRUZ"/AND "MIKE GOÑA", petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedDecember 10, 2014which reads as follows: TIADCc
"UDK-15181 (Constantino Goña, Jr. y Eusebio alias "Mike dela Cruz"/and "Mike Goña" v. People of the Philippines). — After a judicious review of the records, the Court resolves to DENY the instant petition assailing the Metropolitan Trial Court of Manila, Branch 26's (MTC) Orders 1 dated September 12, 2014 and October 1, 2014 in Criminal Case No. 393784-SA for failure of Constantino Goña, Jr. y Eusebio alias "Mike dela Cruz"/and "Mike Goña" (petitioner) to show that the MTC committed any reversible error in denying his application for probation.
It is beyond question that the petitioner filed his application for probation after he perfected his appeal before the Regional Trial Court of Manila, Branch 24. The latter affirmed the MTC's ruling which had become final and executory. As such, he is precluded from availing of the privilege of probation pursuant to Section 4 2 of the Presidential Decree No. (PD) 968, otherwise known as the "Probation Law of 1976," as amended.
The People of the Philippines is IMPLEADED herein as public respondent; and the Metropolitan Trial Court-National Judicial Region, Branch 26, Manila, is DELETED as party respondent in this case pursuant to Sec. 4, Rule 45, 1997 Rules of Civil Procedure, as amended.
The petitioner is required: (a) to FURNISH the Office of the Solicitor General with a copy of the petition for review on certiorari and to SUBMIT to this Court a report of compliance herewith within ten (10) days from notice hereof; and (b) to SUBMIT within five (5) days from notice hereof, a soft copy in compact disc, USB or e-mail containing the PDF file of the signed petition for review on certiorari and its annexes pursuant to the Resolution dated February 25, 2014 in A.M. Nos. 10-3-7-SC and 11-9-4-SC.
SO ORDERED."BERSAMIN, J., on official leave; REYES, J., designated acting member per S.O. No. 1892 dated November 28, 2014. PEREZ, J., on official leave; CARPIO, J., designated acting member per S.O. No. 1899 dated December 3, 2014.
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court
Footnotes
1.Rollo, pp. 34-35 and 41, respectively. Signed by Presiding Judge Jorge Emmanuel M. Lorredo.
2. Section 4 of PD 968, as amended, provides:
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.