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Pablo Bernardo Vs. Cecilio F. Balagot

PABLO BERNARDO, petitioner, vs. THE HONORABLE JUDGE, CECILIO F. BALAGOT, Regional Trial Court, Branch 35, Gapan, Nueva Ecija, respondent.

G.R. No. 86561 | 1992-11-10

D E C I S I O N


CRUZ, J.:

The petitioner contends he is entitled to probation although he had previously appealed his conviction, because these alternative remedies were allowed under the law then in force. The People disagree, arguing that his application for probation is governed by the amendment to the said law and he could elect thereunder only either of the two remedies and not both.

Pablo Bernardo, the herein petitioner, was convicted of estafa in the Municipal Trial Court of San Antonio, Nueva Ecija, and sentenced on September 5, 1984 to 1 year, 8 months and 21 days of prision correccional as minimum to 2 years, 11 months and 10...