100%(1)100% fanden dieses Dokument nützlich (1 Abstimmung)
719 Ansichten3 Seiten
The affidavit summarizes the following key points:
1) Benjamin Sarmiento Jr. represents Starbike Corporation in the criminal case against Ariel Jarapa for qualified theft.
2) Starbike Corporation now believes there was a misapprehension of facts regarding Jarapa's alleged non-remittance of customer payments.
3) Upon further review, Starbike Corporation found receipts showing Jarapa did remit payments and there is a correct tally, meaning funds were not unlawfully taken.
4) As a result, Starbike Corporation no longer wishes to pursue the criminal case and will not participate or testify further against Jarapa.
The affidavit summarizes the following key points:
1) Benjamin Sarmiento Jr. represents Starbike Corporation in the criminal case against Ariel Jarapa for qualified theft.
2) Starbike Corporation now believes there was a misapprehension of facts regarding Jarapa's alleged non-remittance of customer payments.
3) Upon further review, Starbike Corporation found receipts showing Jarapa did remit payments and there is a correct tally, meaning funds were not unlawfully taken.
4) As a result, Starbike Corporation no longer wishes to pursue the criminal case and will not participate or testify further against Jarapa.
The affidavit summarizes the following key points:
1) Benjamin Sarmiento Jr. represents Starbike Corporation in the criminal case against Ariel Jarapa for qualified theft.
2) Starbike Corporation now believes there was a misapprehension of facts regarding Jarapa's alleged non-remittance of customer payments.
3) Upon further review, Starbike Corporation found receipts showing Jarapa did remit payments and there is a correct tally, meaning funds were not unlawfully taken.
4) As a result, Starbike Corporation no longer wishes to pursue the criminal case and will not participate or testify further against Jarapa.
FOURTH JUDICIAL REGION BRANCH 23 TRECE MARTIRES CITY PEOPLE OF THE PHILIPPINES, Plaintiff, -versus-
CRIM CASE NO. TMCR156-14
FOR: 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.
4.
Attached herein is the copy of the SECRETARYS CERTIFICATE
and marked as ANNEX B; 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 CORPORATION Represented 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.