REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

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.