REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT Branch 72 PASIG CITY
PEOPLE OF THE PHILIPPINES, Plaintiff,
-versus- CRIM. CASES NOS. 112371-72
JOSEPHINE D. ACLERA, DENIS N. GABRIEL, and JO-ANN V. HERNANDEZ, Accused. x------x
AFFIDAVIT OF DESISTANCE
I, GINO M. PARAS, of legal age, Filipino, and with office address at NIPPON CREDIT CO., INCORPORATED, Unit 1803-1804 OMM Citra Building, San Miguel Avenue, Ortigas Center, Pasig City, after having been duly sworn to law, depose and state:
1. That I am the duly authorized representative of NIPPON CREDIT CO., INCORPORATED the private complainant in the above- entitled cases;
2. That I am no longer interested to pursue and prosecute these cases against the three (3) above named accused for reason that the filing of these cases against them arose merely out of misunderstanding and misapprehension of facts;
3. That I am respectfully requesting the Honorable Court and the Honorable Prosecution to dismiss the above-entitled cases.
IN WITNESS WHEREOF, I hereunto affix my signature this 28 February 2012 at Pasig City, Metro Manila.
GINO M. PARAS Affiant
SUBSCRIBED AND SWORN to before me this 28 February 2012; I hereby certify that I have examined the affiant and I am satisfied that he voluntarily executed and understood the foregoing affidavit of desistance.
ASSISTANT CITY PROSECUTOR SPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That we, DENIS N. GABRIEL and JO-ANN V. HERNANDEZ, both of legal age, Filipino and residents of Pangasinan, have made, constituted, and appointed GINO M. PARAS, also of legal age, Filipino and with office address at NIPPON CREDIT CO., INCORPORATED, Unit 1803-1804 OMM Citra Building, San Miguel Avenue, Ortigas Center, Pasig City, as our true and lawful attorney in fact, for us and in our name, place and stead, to perform the following acts:
1. To claim and receive the check or cash in the total amount of Eight Thousand (Php8,000.oo) Pesos, representing cash bail bond posted by us under Official Receipt No. 8831554 A dated July 1, 2011 covering the amount of Four Thousand (Php4,000.oo) Pesos (paid by Jo-Ann V. Hernandez) and Official Receipt No. 8831553 A dated July 1, 2011 covering the amount of Four Thousand (Php4,000.oo) Pesos (paid by Denis N. Gabriel), all were deposited at the Municipal Trial Court in Cities – Urdaneta City, Pangasinan;
2. To endorse. deposit and encash the foregoing checks that may be released by the Municipal Trial Court in Cities – Urdaneta City, Pangasinan and tender the same to NIPPON CREDIT CO., INCORPORATED with office address at Unit 1803-1804 OMM Citra Building, San Miguel Avenue, Ortigas Center, Pasig City.
HEREBY GIVING AND GRANTING unto our said attorney in fact full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully, to all intents and purposes, as we might or could do if personally present and hereby ratifying and confirming all that our said attorney in fact shall lawfully do or cause to be done by virtue thereof.
IN WITNESS WHEREOF, we have hereunto set our hands this this 28 February 2012.
DENIS N. GABRIEL JO-ANN V. HERNANDEZ I.D. No.______I.D. No.______
Witnesses:______
ACKNOWLEGMENT
REPUBLIC OF THE PHILIPPINES) ______) SS.
BEFORE ME A NOTARY PUBLIC for and in the above jurisdiction personally appeared DENIS N. GABRIEL and JO-ANN V. HERNANDEZ known to me and to be known to be the same persons who executed the foregoing instrument which they acknowledged to be their free act and deed.
DOC. NO. ______; PAGE NO.______BOOK NO.______, Series of 2012. NOTARY PUBLIC
ACKNOWLEDGMENT RECEIPT
I, GINO M. PARAS the duly authorized representative of NIPPON CREDIT CO., INCORPORATED with office address at Unit 1803-1804 OMM Citra Building, San Miguel Avenue, Ortigas Center, Pasig City, do hereby acknowledged to have received from JOSEPHINE D. ACLERA, DENIS N. GABRIEL, and JO-ANN V. HERNANDEZ the following:
a.) CASH MONEY in the total amount of ______Thousand Pesos (Php___,000.oo) Pesos;
b.) Original copies of Official Receipt No. 8831554 A dated July 1, 2011 covering the amount of Four Thousand (Php4,000.oo) Pesos (paid by Jo-Ann V. Hernandez) and Official Receipt No. 8831553 A dated July 1, 2011 covering also the amount of Four Thousand (Php4,000.oo) Pesos (paid by Denis N. Gabriel), all in the total amount of EIGHT THOUSAND (Php8,000.oo) Pesos, which were all issued by the Municipal Trial Court in Cities – Urdaneta City, Pangasinan; and
c.) Special Power of Attorney executed by DENIS N. GABRIEL, and JO-ANN V. HERNANDEZ authorizing me to claim, receive and encash the checks that may be issued for the release of bail bond they have posted under the above described official receipts representing as their FULL and COMPLETE PAYMENT and SATISFACTION of our claims in CRIMINAL CASES NOS. 112371-72 pending before the Metropolitan Trial Court of Pasig City, Branch 72.
February 28, 2012, Pasig City, Metro Manila.
GINO M. PARAS For and in behalf of NIPPON CREDIT CO., INCORPORATED I.D. No. ______