Case Digest (G.R. No. 210928)
Facts:
Petitioner Ricardo A. Llamado, Treasurer of Pan Asia Finance Corporation, and co-signer Jacinto N. Pascual, Sr. were prosecuted for violation of Batas Pambansa Blg. 22 after a postdated check for P186,500.00 to Leon Gaw was dishonored; the Regional Trial Court, Branch 49, convicted Llamado on 10 March 1987 and sentenced him to one year prision correccional, a fine of P200,000.00 with subsidiary imprisonment, and restitution of P186,500.00. Llamado orally manifested an appeal on 20 March 1987 and the records were forwarded to the Court of Appeals, which issued a notice to file appellant’s brief on 9 July 1987; after several extensions his last expired 18 November 1987, and Llamado filed a Petition for Probation in the trial court on 30 November 1987 and a pleading with the Court of Appeals seeking probation or remand; the Court of Appeals denied probation on 17 June 1988 and denied reconsideration on 23 August 1988.
Issues:
- Whether an application for probation filed after a notice of appeal and transmission of the record but before the filing of an appellant’s brief is barred under P.D. No. 968, as amended by P.D. No. 1990.
- Whether the Court of Appeals erred in denying probation instead of remanding the case to the trial court for action on the petition.
Ruling:
The Supreme Court affirmed the Court of Appeals and denied relief. The Court held that Llamado’s application for probation was barred because it was not filed within the period for perfecting an appeal as required by Section 4 of P.D. No. 968 as amended by P.D. No. 1990, and that the trial court lost jurisdiction once the appeal was perfected.
Ratio:
The Court read Section 4 (as amended by P.D. No. 1990) to require that the application for probation be filed “within the period for perfecting an appeal” and to forbid probation if the defendant has “perfected an appeal.” Under Section 39 of B.P. Blg. 129 and Section 5 of Rule 122, an appeal is perfected by filing a notice of appeal within fifteen days, and Llamado’s oral manifestation at promulgation was equivalent to such notice; consequently his right to apply for probation was lost when he perfected the appeal and the trial court lost jurisdiction, so the Court of Appeals properly acted on and denied the petition.
Doctrine:
- Section 4 of P.D. No. 968, as amended by P.D. No. 1990, requires that a petition for probation be filed within the period for perfecting an appeal.
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