Republic of the Philippines)
City of Dumaguete)S.S.
X - - - - - - -
- - - - - - - - - - -/
AFFIDAVIT OF DESISTANCE
I, MR .X, of legal
age, single, and a resident of Banilad, Bacong, Negros Oriental, after having been duly sworn to
in accordance with law,
do hereby depose and say:
1. That I am complainant in CRIM CASE NO.
2024-30220 For: FRUSTRATED HOMICIDE DEFINED AND PENALIZED UNDER ART. 249
IN RELATION TO ART. 6 OF THE RPC now pending before the RTC Branch 35 of Dumaguete City against MR. Y a.k.a. “Yoyo” and MR. S a.k.a.
“Juvy”;
2. That after thorough deliberation on my part, I have come
into a decision to no longer pursue the prosecution of the above–entitled case,
I now wish to live a quite private life and
continue my education and heretofore execute this affidavit of desistance so
that the above-mentioned case may be dismissed;
3. That I
execute this affidavit of desistance freely and voluntarily to attest to the
truth of the foregoing and so that the above-mentioned case may be dismissed.
4. That I
execute this affidavit of desistance freely and voluntarily to attest to the
truth of the foregoing and so
that above–described case shall be dismissed;
IN WITNESS
WHEREOF, I have hereunto set my hand this ______________________,
2024 at Dumaguete City, Negros Oriental, Philippines.
MR. X
Affiant
SUBSCRIBED AND SWORN to before me this __________________ 2024 in the City of
Dumaguete, Negros Oriental, Philippines.
Doc. No.____;
Page No.____;
Book No.____;
Series of 2024.
COMPROMISE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This
Compromise Agreement entered by and between:
MR. X, of legal age, single and
a resident of Banilad, Bacong, Negros Oriental,
Philippines, hereinafter referred to as the FIRST PARTY;
-and-
MR. Y a.k.a. “Yoyo”, Filipino, of legal age, married and a resident of Banilad, Dumaguete City, Negros Oriental, Philippines, and MR. S a.k.a. “Juvy”, Filipino, of legal age, married and a resident of Banilad, Bacong, Negros Oriental, Philippines, hereinafter referred to as the SECOND PARTY;
WITNESSETH:
WHEREAS, the parties had an incident last December 26, 2023 at Banilad, Bacong.
In view of the said incident, the FIRST PARTY filed a CRIM
CASE NO. 2024-30220 For: FRUSTRATED
HOMICIDE DEFINED AND PENALIZED UNDER ART. 249 IN RELATION TO ART. 6 OF THE RPC now
pending before the RTC Branch 35 of Dumaguete City.
WHEREAS, after thorough
deliberation on the part of the FIRST PARTY, he has come into a decision
to no longer pursue the prosecution of the above–entitled case and wish to live
a quite private life.
WHEREAS, the parties desire to settle the
issues pertaining to said case which includes the monthly allowance;
WHEREAS, the FIRST PARTY undertakes to withdraw the said case from the court and therefore will no longer attend the hearing/trial of the case and further the sign the Affidavit of Desistance and SECOND PARTY undertakes to give a sum of ONE HUNDRED THOUSAND PESOS (P100,000) to the FIRST PARTY for his trouble and silence regarding to the above-mentioned case;
NOW,
THEREFORE, for and in consideration of the
promises and dispositions made in this agreement, the parties hereto have
agreed as follows:
1. That upon the execution of this
document, the SECOND PARTY give the
sum of ONE HUNDRED THOUSAND PESOS (P100,000) to the FIRST PARTY.
MR. X
FIRST PARTY
|
MR. Y SECOND PARTY |
MR. S SECOND
PARTY |
Signed in the
presence of:
1. ________________________ 2. ______________________
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)
CITY OF DUMAGUETE )S.S.
BEFORE ME, this ____________________, at Dumaguete City, Philippines, personally appeared the following who have satisfactorily proven their identities through their identification cards:
MR. X __________________
MR. Y __________________
MR. S __________________
to be the same persons who executed the foregoing instrument and who acknowledged that the same are their own free act and voluntary deed.
The foregoing instrument consists of two (2) pages including this page whereon this acknowledgment is written and have been signed by the parties and their witnesses on each and every page thereof.
WITNESS MY HAND AND
SEAL, on the date and place above first written.
Doc. No.
______;
Page No. ______;
Book No.______;
Series of 2023.
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