You are on page 1of 5

Republic of the Philippines ]

CITY OF DAVAO ] SS
x-------------------------------x

AFFIDAVIT OF DESISTANCE

I, Armando S. Susmiran, of legal age, Filipino, single and a


resident of 810-C, Datu Bago Extension, Brgy. 5-A, Bankerohan, Davao
City, after having been duly sworn to in accordance with law, hereby
depose and say, that:

1. I am the private complainant in Criminal Cases Nos.


104,044-D-02 to 104,047-D-02 for Violation of Batas Pambansa Blg. 22
against Nelia F. Nakan;

2. In view of the full settlement of the civil aspect of the above-


entitled cases, I am no longer interested in pursuing the prosecution of
said cases and as such, I hereby desist and move for the dismissal of the
above-entitled cases with prejudice;

3. I hereby certify that I have read this Affidavit before signing


it; that it has been read and thoroughly explained to me in the dialect
that I speak and understand and that I fully understand that once said
cases are dismissed by virtue of my resistance I can no longer re-file the
same as the same would constitute double jeopardy;

4. I am executing this affidavit to attest to the truth of the


foregoing statements for the purpose of dismissing the above-entitled
cases against the Accused, Nelia F. Nakan and for whatever legal
purpose this may serve.

IN WITNESS WHEREOF, I have hereunto set my hand and affix


my signature this, _________________, at Davao City, Philippines.

___________________________________
ARMANDO S. SUSMIRAN
Affiant

SUBSCRIBED AND SWORN to before me this ______________, at


Davao City, Philippines, affiant personally appeared and I hereby certify
that I have personally examined him and I am satisfied that he fully
understood his affidavit and that he executed the same of his own free
and voluntary act and deed.

_______________________________
Republic of the Philippines ]
CITY OF DIGOS ] SS
x-------------------------------x

AFFIDAVIT OF DESISTANCE

I, Estrellita B. Lacuesta, of legal age, Filipino, married and a resident of


Digos City, after having been duly sworn to in accordance with law, hereby
depose and say, that:

1. For and in consideration of Seventy Four Thousand Pesos (P


74,000.00) I became the transferee of the membership of Crisabelle P. Fuentes
with Polytechnic College of Davao del Sur, Digos, Davao del Sur pursuant to a
Transfer of Rights executed by the latter in my favor which instrument was duly
notarized on July 12, 1999;

2. In view of the failure and non-fulfillment of the said transfer of


membership rights of Crisabelle P. Fuentes with the said school in my favor, I
opted to ask for the return of the aforesaid amount, receipt of which I hereby
acknowledge to have received in full, to my full and entire satisfaction. In view
hereof, I hereby desist, release and forever discharge her and by these presents,
for myself, my heirs, successors-in-interest and assigns, do hereby free, release
and forever discharge her from any and all criminal and civil liability that may
arise out of the said transaction;

3. I hereby certify that I have read this Affidavit before signing it; that
it has been read and thoroughly explained to me in the dialect that I speak and
understand;

4. I am executing this affidavit to apprise the proper authorities of the


truth of the foregoing statements for whatever legal purpose this may serve.

AFFIANT FURTHER SAYETH NONE.

IN WITNESS WHEREOF, I have hereunto set my hand and affix my


signature this, _______________at Digos City, Philippines.

_________________________________________
ESTRELLITA B. LACUESTA
Affiant

SUBSCRIBED AND SWORN to before me this ___________, at Digos City,


Philippines, and I HEREBY CERTIFY that I have personally examined the
affiant and I am fully satisfied that she has fully read and understood the
contents of her affidavit in the dialect that she speaks and understands and
that she executed the same of her own free and voluntary act and deed.
_________________________

8. I am already separated from employment with Zonia Farm n view of


the amicable settlement and resolution of our differences with the Respondent,
we are no longer interested in pursuing and prosecuting the case against him.
As a consequence thereof, we hereby desist, release and forever discharge the
Respondent and by these presents, for ourselves, our heirs, successors-in-
interest and assigns, do hereby free, release and forever discharge the
Respondent from any liability as well as from any and all other claims related to
or connected therewith;

3. This Affidavit shall constitute a bar, waiver and desistance on our


part from pursuing the prosecution of the above-entitled case before any court
of law regarding any matter or claim related to or connected therewith;

4. We hereby certify that we have read this Affidavit before signing it;
that it has been read and thoroughly explained to us in the dialect and
understood the meaning and substance contained herein;

5. We are executing this affidavit to apprise the proper authorities of the


truth of the foregoing statements for the purpose of dismissing the case against
the Respondent.

IN WITNESS WHEREOF, we have hereunto set our hand and affix our
signature this, _______________at Davao City, Philippines.

___________________________________ ________________________________
YOSHIHIRO K. KOMIYA JEOVANIE L. AQUINO

SUBSCRIBED AND SWORN to before me this ___________, at Davao City,


Philippines, and I HEREBY CERTIFY that I have personally examined the
affiants and I am fully satisfied that they have fully read and understood the
contents contained therein and that they have executed the same of their own
free and voluntary act and deed.
_________________________

Republic of the Philippines ]


CITY OF DAVAO ] SS
x-------------------------------x

Republic of the Philippines]


CITY OF DAVAO ] SS
x-------------------------------x

AFFIDAVIT OF DESISTANCE

I, RUDY A. ALAG, JR., of legal age, Filipino, married with office address at
Reyer Transport Services, Inc., Quimpo Boulevard, Ecoland, Davao City, after having
been duly sworn to in accordance with law, hereby depose and say that:

1. Gerry Baltero and Jessie Liguan who were the private complainants for and in
behalf of Reyer Transport Services, Inc. in the criminal case entitled Pp vs. Cristituto
Gudito, Accused for Reckless Imprudence Resulting to Damage to Property, Criminal
Case No. 64,609-D-97 are no longer connected with Reyer Transport Services, Inc. and
are no longer to be found as of this date;

2. I am the Comptroller of Reyer Transport Services, Inc. and is duly authorized


by its owner, Reynaldo P. Alba to pursue said case and to receive check payments for
insurance claims by virtue of a Special Power of Attorney notarized before Notary
Public, Susan L. Rivero and entered into her Notarial Register as Document No. 276,
Page No. 36; Book No. LVII, Series of 1998;

3. Reyer Transport Services, Inc. or any of its corporate officers are no longer
interested in pursuing the criminal prosecution of said case against Cristituto Gudito or
his employer, Instrade, Inc. for the damage incurred on the taxi in a vehicular accident
which transpired on December 16, 1996;

4. The damage incurred was purely accidental in nature and does not warrant a
criminal prosecution;

5. The accused, Cristituto Gudito through the assistance of his employer,


Instrade, Inc. and the insurer, PhilAm Insurance Co., Inc. has fully settled his civil
liabilities with us to our full and entire satisfaction;
6. I have executed this affidavit of my own volition for the purpose of seeking
the dismissal of the case and for the purpose of withdrawing and desisting from further
prosecuting the criminal and civil aspects of this case against the accused;

7. In view hereof, I hereby relieve, free and discharge the accused as well as his
employer, Instrade, Inc. and the insurer, PhilAm Insurance Co., Inc., from any and all
action or claims pertaining to said incident that may now or hereafter arise;

8. I have executed this affidavit to apprise the proper authorities of the truth of
the foregoing statements and that the contents thereof have been read by me and
translated to me in the dialect that I speak and understand and that the same is true and
correct to the best my knowledge and belief.

AFFIANT FURTHER SAYETH NONE.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my signature


this 14th day of July 1998 at Davao City, Philippines.

RUDY A. ALAG, JR.


Affiant

SUBSCRIBED AND SWORN to before me this 14th day of July 1998, for and in
the City of Davao, Philippines, affiant exhibited to me his Community Tax Certificate
No. 8088752 issued on Feb. 22, 1998 at Davao City, Philippines.

You might also like