legal Free Legal Advice

[joesix2nine]

Please give me some legal opinion on this. If someone is sentenced by a lower court with a 4month to max 2 years and 6monnths jail time and the accused appealed his case to the CA up to the SC but both appeals were denied, can he still go back to the lower court and apply for probation? The probation law states that the accused waives his right to appeal if he applied for probation but is silent vice versa.

 

Thanks.

[TeeUp]

Please give me some legal opinion on this. If someone is sentenced by a lower court with a 4month to max 2 years and 6monnths jail time and the accused appealed his case to the CA up to the SC but both appeals were denied, can he still go back to the lower court and apply for probation? The probation law states that the accused waives his right to appeal if he applied for probation but is silent vice versa.

 

Thanks.

this is the argument raised by some of the accused convicted in the lenny villa case.

 

i'll leave this Q for my brothers in litigation to answer for now.

[bolitski]

how do i configure/run my sendmail package in my redhat 9.0 box...

 

my web server is up and running and works quite well...

 

I just wanted to have my own email addy...

 

 

 

btw,

 

port 25 is disabled by default by my subscriber..

 

I'm planing to use port 2001 for that...

 

any of u guys can help..?

[Brennt]

tanong ko lang kung kailangan pa bang mag-reinstall ng windows kapag nagpalit ka ng motherboard?

[ladydredd]

hi techies!!!

 

eto ko ulit, may inquiry. walang display ang monitor ko, pero may power. ok naman ang CPU, bagong palit nga ng motherboard eh. hindi naman nasira or na-damage ang monitor ko eh eversince, kaya nagulat ako ng ayaw nya na gumana. btw, ngayon ko lang ulit sana gagamitin PC ko kse nga pinagawa namin sa supplier yung CPU kse nga nabasa at tinamaan ang board. ano kaya ang problema? may compatibility issues ba ang monitor ska motherboard? ang alam ko, dapat kse wala. ECS nga pala board kp, version 2.4 something ata...

 

ayoko na dalhin sana sa supplier or sa tech, kse tatagal na naman kaya nagtatanong ako sa inyo...

 

thanks!

[Tantantinan]

with all due respect dun sa lawyer for the petitioner, panero, i believe he's acting for the hospital's interest more than yours. a reactionary stance is not what you will want. preventing a denial i believe is more prudent than planning for an appeal, which in most cases will end up in a dismissal.

 

what you have is a delicate situation where your past might cause more harm that it already has. it being so, talking with a qualified immigration attorney will allow you to prepare yourselves for the interview. what to say and what not to. interviewing vice consuls are trained how to ask searching questions that we as visa applicants unfortunately cannot object to.

 

also, if fate is in your favor and you get past the vice consul, still you will need to have your attorney's number handy just in case the receiving immigration officer gives you trouble, which we all of course hope won't happen.

 

michael gurfinkel is one of the certified immigration attorneys you may consider approaching. he is rather known among filipinos here in the US having done cases for celebrities like regine velasquez, who faced a prior ban due to some of her entourage going 'TNT'. he is not known to be cheap though, but i believe he has an office in makati. don't hesistate to call, anyway, most of them offer (in fact advertise) free initial consultation.

 

i don't believe he will charge you much for the consultation for the interview. anyway, the petition having been approved, he need not intervene as counsel at this time. what you need is just his advise on how to go about the interview. finally, no matter how much reasonable sum you'll pay is certainly worth protecting the $335 fee you need to pay each for your son and yourself (your wife's will be paid for by the petitioner i suppose), as well as the $150 or so that you need for medical examination at st. louise and defintely worth the peace of mind and the confidence you'll get going into the interview.

 

hope things work out fine.... let me know if there are more questions you need to be answered, panero. btw, which state will you be headed for?

thank you very much for that very clear explanation. may your tribe increase!

the hospital who sponsored my wife is based in trenton,new jersey.

 

thanks again!

[TeeUp]

thank you very much for that very clear explanation. may your tribe increase!

the hospital who sponsored my wife is based in trenton,new jersey.

 

thanks again!

you're most welcome and salamat naman, bro... hope you'll make it here.

[coychee]

Please give me some legal opinion on this.  If someone is sentenced by a lower court  with a 4month to max 2 years and 6monnths jail time and the accused appealed his case to the CA up to the SC but both appeals were denied, can he still go back to the lower court and apply for probation?  The probation law states that the accused waives his right to appeal if he applied for probation but is silent vice versa. 

 

Thanks.

No. Presidential Decree 1990 amending Presidential Decree 968, which became effective in 1986, provides that no application for probation shall be entertained or granted if the defendant has perfected the appeal from the judgment of conviction.

Edited July 24, 2004 by coychee

[l3v3l]

tanong ko lang kung kailangan pa bang mag-reinstall ng windows kapag nagpalit ka ng motherboard?

depende sa windows mo..

if Win9x/WinMe... ok lang..

if NT/2000/XP reinstall talaga..

 

pero sabi daw na if tatanggalin mo lahat ng mga detected devices sa Win2k/XP

in Safe Mode... as in remove talaga lahat..tapos i-transfer mo HD to another

Board.. mag-de-detect daw ito ulit..not sure lang kasi di ko na try.. Good Luck nalang sa mga mag-try.. hehehehe.. post nalang sa results...

[bokam]

joe629,

 

I agree with the opinion of Coychee. Probation is no longer available to those who opted to appeal from the order of conviction of the trial court rather than applying for it.

 

Section 4 of the Probation Law (Presidential Decree 968 as amended) provides that -

 

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.

Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. An application for probation shall be filed with the trial court. The filing of the application shall be deemed a waiver of the right to appeal.

An order granting or denying probation shall not be appealable.

 

 

It is clear what the law requires is that the application for probation must be filed within the period for perfecting an appeal. The need to file it within such period was intended to encourage offenders, who are willing to be reformed and rehabilitated, to avail of probation at the first opportunity. (Palo vs Militante GR No. 76100. April 18, 1990)

 

In your example, the accused was sentenced to imprisonment of 4 months to 2 years and 6 months which makes him qualified to apply for probation assuming if he does not possess any other disqualifications under Sec. 9 of PD 968. However, instead of applying for probation, the accused appealed to the Court of Appeals and even to the Supreme Court. By appealing the case, the accused forfeited his chance to avail of probation. He had the opportunity to apply for probation but chose to take his chances on his appeal instead. By opting to appeal, he cannot apply for probation anymore.

[-=extreme=-]

tanong ko lang kung kailangan pa bang mag-reinstall ng windows kapag nagpalit ka ng motherboard?

Defenitely under windows XP when replace a new systemboard will not boot anymore... Win98/Win2k madedetect lang uli yung bagong chipset.

[3lb_thrill]

To avoid possible driver conflicts.. whichever os u you, clean install is a must.

[marc_7]

ladydredd

 

pwedeng di lang maayos ung pagkaka-kabit nung vid-card sa slot or madumi ung slot. common problem yan sa pc d2 b4, akala ko tipong bumigay na vidcard, un pala, maluwag lang.

[kaloy511]

to the techies out there..

 

dudes,, the pc i've been using shuts itself down when i'm connectd to the internet... im on windows 98 by the way... biglang mawawala ang display sa monitor pero naka-connect pa rin naman sa internet... (i checked the phone)

 

what could be causing the problem? hardware issue o virus/worm ba ito?

 

naka pc-cillin 2002 naman ako...

 

napipilitan tuloy ako na i-reset ang pc ko...imagine the hassle that i'd have to go through to re-conect...

 

to anybody who can tell me what's wrong...just pm me!

 

thanks

[TeeUp]

joe629,

 

I agree with the opinion of Coychee. Probation is no longer available to those who opted to appeal from the order of conviction of the trial court rather than applying for it.

 

Section 4 of the Probation Law (Presidential Decree 968 as amended) provides that -

 

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.

Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. An application for probation shall be filed with the trial court. The filing of the application shall be deemed a waiver of the right to appeal.

An order granting or denying probation shall not be appealable.

 

 

It is clear what the law requires is that the application for probation must be filed within the period for perfecting an appeal. The need to file it within such period was intended to encourage offenders, who are willing to be reformed and rehabilitated, to avail of probation at the first opportunity. (Palo vs Militante GR No. 76100. April 18, 1990)

 

In your example, the accused was sentenced to imprisonment of 4 months to 2 years and 6 months which makes him qualified to apply for probation assuming if he does not possess any other disqualifications under Sec. 9 of PD 968. However, instead of applying for probation, the accused appealed to the Court of Appeals and even to the Supreme Court. By appealing the case, the accused forfeited his chance to avail of probation. He had the opportunity to apply for probation but chose to take his chances on his appeal instead. By opting to appeal, he cannot apply for probation anymore.

panyerong bokam,

 

for academic discussion lang,,,, an accused convicted for homicide by the RTC appealed to the CA and was instead found to have committed mere reckless imprudence making him qualified for probation. instead of taking his case up to the SC can he apply for probation within the prescribed period to appeal?

 

or suppose the CA affirmed a conviction for reckless imprudence? can the accused apply for probation instead of appealing his case to the SC?

 

on the first Q, it was his 'first available opportunity'.

 

on the second naman, can he not argue that the law does not specify that probation can only be had within a period to perfect an appeal from the decision of the RTC, so, he has not exhausted his right to appeal (to the SC) and therefore he still has the opportunity to apply for probation?

 

i dont know if these questions have been addressed in all fours by the SC but what are your thoughts, mga kapatid?