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 aboveentitled 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
I.D. No.__________
Witnesses:_________________________
JO-ANN V. HERNANDEZ
I.D. No.__________
_______________________
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. ____________