affidavit of desistance (starbike v. velarde)

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Affidavit of Desistance

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REPUBLIC OF THE PHILIPPINESDEPARTMENT OF JUSTICEOFFICE OF THE CITY PROSECUTORPUERTO PRINCESA CITY

STARBIKE CORPORATION As represented by its Area Manager, DOMINGO L. HEREDERO JR., Complainant,

-versus-NPS No. IV-17-INV-14C-0281FOR: REMOVAL OF MORTGAGE UNDER ARTICLE 319, RPC

JENNIE HOPE B. VELARDE, Respondent.X-------------------------------------------------X

AFFIDAVIT OF DESISTANCE

I, DOMINGO L. HEREDERO, JR., of legal age, Filipino, married, and with office address at STARBIKE CORPORATION-PALAWAN BRANCH, Unit B Go Bldg. New Market Road, Bgy. San Jose Puerto Princesa City, after having duly sworn to in accordance with law, hereby depose and say that:1.I am the Area Manager of STARBIKE CORPORATION-Puerto Princesa Branch, owned and operated by STARBIKE CORPORATION, a domestic company duly organized and existing under the laws of the Republic of the Philippines, with office address at 2132 G. G. Cruz Street Baclaran, Paraaque City;2.I have been duly authorized by the Company to file this AFFIDAVIT OF DESISTANCE, as per Board Resolution passed by the Board of Directors of the Company. Attached hereto is a copy of the SECRETARYS CERTIFICATE OF BOARD RESOLUTION, marked as ANNEX A and made an integral part hereof;3.The said Company is the Complainant in the criminal case with NPS DOCKET NO. IV-17-INV-14C-0281 for REMOVAL OF MORTGAGE under ARTICLE 319 of the Revised Penal Code of the Philippines against JENNIE HOPE B. VELARDE, pending before the Office of the City Prosecutor, Puerto Princesa City, Palawan;4.The afore-cited complaint arose due to the removal of the mortgaged motorcycle by JENNIE HOPE B. VELARDE, in violation of the above-cited provision of the law and Promissory Note with Chattel Mortgage Agreement signed by and between JENNIE HOPE B. VELARDE and STARBIKE CORPORATION;5. Sometime on 12 April 2014, the father of JENNIE HOPE B. VELARDE surrendered the subject motorcycle to STARBIKE CORPORATION; and6.In view of the foregoing, I hereby inform this Honorable Office of the City Prosecutor, Puerto Princesa City, Palawan, that I am filing this AFFIDAVIT OF DESISTANCE with NPS DOCKET NO. IV-17-INV-14C-0281 for REMOVAL OF MORTGAGED PROPERTY under Article 319 REVISED PENAL CODE OF THE PHILIPPINES against JENNIE HOPE B. VELARDE.

IN WITNESS WHEREOF, I hereby set my hand this _____________at_____________________, Philippines.

STARBIKE CORPORATIONRepresented by:

DOMINGO L. HEREDERO JR. Complainant/ Affiant

SUBSCRIBED AND SWORN to before me this _________________ in Puerto Princesa City, Palawan. I hereby certify that I have personally examined affiant DOMINGO L. HEREDERO JR. and I am satisfied that he voluntarily executed and understood this complaint-affidavit.

MARIVIC M. ADIA-BUNGAY Associate City Prosecutor