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Teodulo Rura vs. Gervacio A. Lopena

TEODULO RURA, petitioner, vs. THE HON. GERVACIO A. LOPENA, Presiding Judge of the 2nd Municipal Circuit Trial Court of Tubigon-Clarin, Tubigon, Bohol and PEOPLE OF THE PHILIPPINES, respondents.

G.R. Nos. L-69810-14 | 1985-06-19

D E C I S I O N

ABAD SANTOS, J.:

This case involves the application of the Probation Law (P.D. No. 968, as amended), more specifically Section 9 thereof which disqualifies from probation those persons:

"(c) who have previously been convicted by final judgment of an offense punished by imprisonment of not less than one month and one day and/or a fine of not less than Two Hundred Pesos."

Petitioner Teodulo Rura was accused, tried and convicted of five (5) counts of estafa committed on different dates in the Municipal Circuit Trial Court of Tubigon-Clarin, Tubigon, Bohol, denominated as Criminal Case Nos. 523, 524, 525, 526 and 527.

The...