REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT

BAY, LAGUNA

PEOPLE OF THE PHILIPPINES,

Plaintiff,

versus - Crim. Case No. 5905

FOR: Reckless Imprudence

Resulting in Homicide,
Physical Injuries and Dam-
age to Property

CLEFFORD T. SERANA
Accused.
x--------------------------------------------------------------------------x

MOTION TO DISMISS AND TO ADMIT PRI-

VATE COMPLAINANTS’ AFFIDAVIT OF DE-
SISTANCE
Accused CLEFFORD T. SERANA, by counsel, to this Hon-
orable Court, respectfully states: That-

PREFATORY

The affidavit may possibly constitute evidence whose

weight or probative value, like any other piece of evi-
dence, would be up to the court for proper evalua-
tion.1

STATEMENT OF FACTS:

1. In 2019, the Office of the Provincial Prosecutor of La-

guna filed before this Court an Information charging herein ac-
cused for Reckless Imprudence Resulting in Homicide, Physical
Injuries and Damage to Properties.

1 Alonte vs. Sabellano, Jr. et.al. G.R. No. 131652 March 9, 1998.

1
 2. When the case was called for arraignment on Janu-
ary 17, 2020, the accused entered a plea of not guilty. On the
same proceeding, both the accused and the private complain-
ants manifested before this Court that the parties had already
entered into an amicable settlement.

Copies of the Deed of Release, Waiver, and Quitclaim with

Undertaking and Release, Waiver, and Quitclaim with Under-
taking are attached as Annexes “A” and “B”, respectively.

5. On January 17, 2020, the private complainants Ald-

ous D. Bague, Erlinda A. Lanceta and Argie A. Lanceta repre-
sented by her mother and co-complainant Erlinda A. Lanceta
executed an Affidavit of Desistance before the Honorable Prose-
cutor Quedayan stating, among others:

a. Upon further consideration and thought, and based

on our subsequent negotiation and discussion, we have come
to the determination that the vehicle incident, which occurred
on December 20, 2020 which resulted to the death of Redan D.
Bague, physical injury to herein private complainant Argie Ar-
tillagas Lanceta and damage to Yamaha motorcycle with side
car with Plate No. 047610, was purely and accident and without
fault on the part of Clifford T. Serana.

b. In consideration of the foregoing, we are no longer

interested in pursuing or prosecuting the instant case and we
hereby absolutely, and unconditionally REMISE, RELEASE and
forever DISCHARGE, and expressly relieve and hold Mr.
CLEFFORD T. SERANA and/or ORO OXYGEN CORPORATION,
free and harmless from any and all claims, responsibilities, ac-
tions, liabilities compensation or damages which we had, or
may have, under the law or equity, resulting from or in any
manner connected with the Subject Case, the intention hereof
being to completely and absolutely release Mr. CLEFFORD T.
SERANA and/or ORO OXYGEN CORPORATION from all liabili-
ties arising wholly, partially or directly from the Subject Case.

A copy of the Affidavit of Desistance is attached as Annex

“C”.

6. On the same vein, private complainant Jerome D.

Garcia executed an Affidavit of Desistance under the same tenor
with the other complainants.

A copy of the Affidavit of Desistance is attached as Annex

“D”.
2
 7. From the foregoing Affidavit of Desistance, private
complainants are sincere in signifying their intention to refrain
from testifying since they executed the same before the start of
the trial of the case. Further, said Affidavit of Desistance con-
tains statement that disavows the veracity of their complaints
against the accused.

8. While an affidavit of desistance by itself is not a

ground for the dismissal of the criminal case once the action
has been instituted, said affidavit, nevertheless, may possibly
constitute evidence whose weight or probative value, like any
other piece of evidence, would be up to the court for proper eval-
uation.

9. In this regard, the accused respectfully moves for the

dismissal of the present case against him.

RELIEF
WHEREFORE, premises considered, it is respectfully
prayed of this Honorable Court that the foregoing Affidavit of
Desistance be NOTED and that this case BE DISMISSED.

Other just and equitable reliefs are likewise prayed for un-
der the premises.

Makati City for Bay, Laguna. January 20, 2020.

G.D. ANINO & ASSOCIATES LAW OFFICES

Counsel for the Accused
Unit 2802 Cityland Pasong Tamo Tower
2210 Chino Roces Avenue, Pio del Pilar
Makati City
Tel. No. (02) 8256-2252
aninolaw@gmail.com

By:

3
 GLENN REY D. ANINO
IBP No. 058317; 01/03/19; CalMaNa
PTR No. 8009326; 01/04/19; Manila City
Roll of Attorneys No. 66902
MCLE Compliance No. VI-0011082
Issued on August 2, 2018

COPY FURNISHED, NOTICE & EXPLANATION

OFFICE OF THE PROVINCIAL PROSECUTOR

Sta. Cruz, Laguna

Please take notice that foregoing motion will be submitted

for the consideration and approval of the Honorable Court on
immediately upon receipt hereof without further oral arguments
or appearance.

The filing and/or service of the foregoing is/are via regis-

tered mail/alternative courier due to lack of manpower to effect
personal filing and/or service and due to the distance involved
and/or time constraints. (Please disregard if the filing and/or
service was effected personally.)

GLENN REY D. ANINO