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  • Francisco v. CA

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    Morales Genecio
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    The petitioner was convicted of grave oral defamation and filed an appeal to reduce his probationary sentence. The issue was whether the petitioner could still avail of probation. The court held that probation and appeal are alternatively exclusive of each other to remove speculation for the accused. The time of applying for probation was also during the perfection of appeal or 15 days from receipt of judgment.

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    The petitioner was convicted of grave oral defamation and filed an appeal to reduce his probationary sentence. The issue was whether the petitioner could still avail of probation. The court held that probation and appeal are alternatively exclusive of each other to remove speculation for the accused. The time of applying for probation was also during the perfection of appeal or 15 days from receipt of judgment.

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    20 views1 page

    Francisco v. CA

    Uploaded by

    Morales Genecio
    The petitioner was convicted of grave oral defamation and filed an appeal to reduce his probationary sentence. The issue was whether the petitioner could still avail of probation. The court held that probation and appeal are alternatively exclusive of each other to remove speculation for the accused. The time of applying for probation was also during the perfection of appeal or 15 days from receipt of judgment.

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    © All Rights Reserved
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    Francisco v.

    CA
    GR 108747
    Facts: The petitioner is the accused in grave oral defaation cases! after conviction he filed an
    appeal to the RTC to reduce an alread" pro#ational sentence.
    $ssue: %hether or not the petitioner a" still avail of the pro#ation.

    &eld: 'o! (ro#ation and appeal are alternativel" e)clusive of each other* to reove the eleent
    of speculation fro the accused.
    Also the tie of appl"ing for pro#ation +as during the perfection of appeal or 1, da"s fro the
    receipt of -udgeent.

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