Dear Atty. Angela,

A former business partner filed a criminal case for Other Deceits under Article 318 of the Revised Penal Code against my husband. He is claiming that my husband deceived him in lending the amount of P200,000 and made promises to pay but failed. The court found my husband guilty and was sentenced to suffer imprisonment of two to four months, to pay the penalty of fine, and pay the civil aspect amounting to P200,000. This is the first time he has ever been involved in a criminal case. We are willing to pay the fine and civil aspect but I cannot accept that my husband will go to prison even if for just a few months. Should we appeal this or is there any other legal remedy? Please help.

Danica

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Dear Danica,

Fortunately, your husband is entitled to avail the legal remedy of Probation. This is the privilege granted by law to a person convicted of a criminal offense to remain free under supervision of a probation officer instead of serving prison time. It promotes rehabilitation for first-time offenders sentenced to six years or less.

Any sentenced offender, not disqualified, can apply for probation before serving a prison sentence and this must be filed with the trial court that rendered judgment within 15 days after promulgation.

According to Presidential Decree No. 968 or the Probation Law, to be entitled, a convicted offender should not have the following disqualifications: (a) sentenced to serve a maximum term of imprisonment of more than six years; (b) convicted of any offense against the security of the State; (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 P200; (d) who have been once on probation under the provisions of this Decree; and (e) who are already serving sentence at the time the substantive provisions of this Decree became applicable pursuant to Section 33 hereof.

As regards appealing the case, be reminded that to appeal the decision, he would forfeit and waive his right to probation as these are mutually exclusive options. If he loses in the appeal, he will be serving the full sentence as judged by the court. In view of this, I would recommend that your husband avails of probation so he will not have to serve the prison sentence and will only have to report to a probation officer for a prescribed period of time.

Atty. Angela Antonio