REPUBLIC OF THE PHILIPPINESREGIONAL TRIAL COURTFOURTH JUDICIAL
REGIONBRANCH 23TRECE MARTIRES CITY
PEOPLE OF THE PHILIPPINES, Plaintiff,
-versus-CRIM CASE NO. TMCR-156-14FOR: QUALIFIED THEFT
ARIEL JONATHAN C. JARAPA,
Accused.X-------------------------------------------------X
AFFIDAVIT OF DESISTANCE
I, BENJAMIN A. SARMIENTO JR., of legal age, single, Filipino
citizen and with office address at Room 2 Second Floor TRDC Bldg.
Dr. A. Santos Avenue, Brgy. San Isidro, Paraaque City, Metro
Manila, after having duly sworn to in accordance with law, hereby
depose and state that:
1. I am a Senior Paralegal of LMG Law Office and the duly
appointed REPRESENTATIVE of STARBIKE CORPORATION (the COMPANY, for
brevity), a domestic corporation duly organized and existing under
the laws of the Republic of the Philippines with office address at
1081 Lapu-lapu St., Baclaran, Paraaque City;
2. I am authorized by LMG Law Office to represent the COMPANY in
the instant case as per AUTHORITY TO REPRESENT duly issued by LMG
Law Office.
Attached herein is the copy of the LETTER OF AUTHORITY TO
REPRESENT and marked as ANNEX A;
3. LMG Law Office was duly appointed and authorized by the
COMPANY to appear and represent the COMPANY in its behalf in this
instant case, as per Board Resolution passed by its Board of
Directors as evidenced by herein attached SECRETARYS
CERTIFICATE.
Attached herein is the copy of the SECRETARYS CERTIFICATE and
marked as ANNEX B;4. The COMPANY, upon careful re-examination and
reevaluation of its records, found out that there has been a
misapprehension of facts with regard to the non-remittance by the
accused ARIEL JONATHAN C. JARAPA (JARAPA, for brevity) of the
payments made by the COMPANYs customers;
5. The COMPANY has overlooked the receipts that were issued by
JARAPA such that the payments were in truth and in fact remitted by
the latter to the former and that there has been a correct tally of
the receipts issued and the money which were allegedly unlawfully
taken by JARAPA;
6. Based from the above-stated intervening circumstance, the
COMPANY is no longer interested in pursuing the criminal case
against the accused JARAPA as a way of rectifying its own
error;
7. Having lost interest in the prosecution of the case as well,
the COMPANY will no longer participate in the instant proceedings,
much less, appear and testify against JARAPA in connection
thereto;
8. I am fully aware that the execution of this Affidavit of
Desistance may cause the dismissal of the above-entitled criminal
case;
9. I am executing this Affidavit of Desistance voluntarily,
willfully without being coerced to do the same for the purpose of
having the instant case against JARAPA be dismissed for lack of
interest to further prosecute the accused;
10. I am executing this Affidavit of Desistance to attest to the
truth of the foregoing facts for whatever legitimate purpose/s this
may serve.
IN WITNESS WHEREOF, I have hereunto affixed my signature
this_____________ in Paraaque City, Philippines. STARBIKE
CORPORATIONRepresented by:
BENJAMIN A. SARMIENTO JR.Affiant
SUBSCRIBED AND SWORN to before me this_____________ in Paraaque
City, Metro Manila. I hereby certify that I have personally
examined affiant BENJAMIN A. SARMIENTO JR. and I am satisfied that
he voluntarily executed and understood this Affidavit of
Desistance.
