This case has been cited 2 times or more.
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2014-03-12 |
SERENO, C.J. |
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| In the Comment[9] it filed, the Office of the Solicitor General (OSG) reiterated that what petitioner filed with the RTC was a petition for certiorari, which is a special civil action. It cannot be considered an appeal in a criminal case over which only the State has an interest, but an appeal in a civil action from which private persons can appeal in the event of an adverse outcome. Private respondents, in their Comment,[10] argued that the CA correctly applied Abueg, which is on all fours with the present case. In Abueg, the accused was convicted of reckless imprudence resulting in homicide and damage to property for crashing against and killing Francisco Abueg. Instead of filing an appeal, the accused applied for probation. After the CA affirmed the grant of probation, the Supreme Court entertained and acted upon the petition for certiorari filed by the victims' heirs.[11] | |||||
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2005-06-27 |
PER CURIAM |
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| Respondent claims that she should not be dismissed since she has been granted probation and one of the purposes of probation is to "provide an opportunity for the reformation of a penitent offender...."[8] This Court however has held that a conviction becomes final when the accused applies for probation.[9] In Dela Torre v. COMELEC, this Court further pronounced:Anent the second issue where petitioner contends that his probation had the effect of suspending the applicability of Section 40 (a) of the Local Government Code, suffice it to say that the legal effect of probation is only to suspend the execution of the sentence. Petitioner's conviction of fencing which we have heretofore declared as a crime of moral turpitude and thus falling squarely under the disqualification found in Section 40 (a), subsists and remains totally unaffected notwithstanding the grant of probation. In fact, a judgment of conviction in a criminal case ipso facto attains finality when the accused applies for probation, although it is not executory pending resolution of the application for probation. [10] | |||||