I, Juan del la Cruz, of legal age, single, and a resident of # 123 Main St., Malate, Manila,
after having duly sworn to in accordance with law hereby depose and state:
1. I am the complaining witness for Serious Physical Injuries against Jesus Santos in the
case entitled "People of the Philippines versus Jesus Santos", Criminal Case No.
12345, Metropolitan Trial Court, Branch No. 11, City of Manila.
2. After my sober and soul searching assessment and analysis of the incident, I have
realized that because I was not wearing my eyeglasses and it was dark, I can not point out,
without a doubt the accused or any other person/s who inflicted harm against me.
3. Since I could not state with certainty and without doubt the liability of Jesus Santos, in
fairness to him, I am permanently withdrawing my complaint against him. I clear him of
whatever responsibility or liability to me.
4. I hereby inform the City Prosecutor of Manila that I am withdrawing my complaint for
Serious Physical Injuries in Criminal Case No. 12345 entitled "People of the Philippines versus
Jesus Santos", Metropolitan Trial Court, Branch No. 11, City of Manila.
5. I likewise request the Metropolitan Trial Court, Branch No. 11, City of Manila to dismiss
with prejudice the said criminal case.
IN WITNESS WHEREOF, I hereby set my hand this __ day of September 20__ at the City
of Manila.
Juan de la Cruz
Complaining Witness
SUBSCRIBED AND SWORN to before me this 22nd day of January 20__ at the City of Manila,
Philippines.
Romeo Abad
Public Prosecutor
CONTRACT OF LEASE
This CONTRACT OF LEASE is made and executed at the City of _____, this day of
_______________, 20____, by and between:
-AND-
(NAME OF LESSEE), Filipino and with residence and postal address at (Address),
hereinafter referred to as the LESSEE.
WITNESSETH; That
WHEREAS, the LESSOR is the owner of THE LEASED PREMISES, a residential property
situated at (Address of property to be leased);
WHEREAS, the LESSOR agrees to lease-out the property to the LESSEE and the LESSEE is
willing to lease the same;
1. PURPOSES: That premises hereby leased shall be used exclusively by the LESSEE for
residential purposes only and shall not be diverted to other uses. It is hereby expressly agreed
that if at any time the premises are used for other purposes, the LESSOR shall have the right
to rescind this contract without prejudice to its other rights under the law.
2. TERM: This term of lease is for ONE (1) YEAR. from (Date) to (Date) inclusive. Upon its
expiration, this lease may be renewed under such terms and conditions as my be mutually
agreed upon by both parties, written notice of intention to renew the lease shall be served to
the LESSOR not later than seven (7) days prior to the expiry date of the period herein agreed
upon.
3. RENTAL RATE: The monthly rental rate for the leased premises shall be in PESOS:
AMOUNT IN WORDS (P 00,000.00), Philippine Currency. All rental payments shall be payable
to the LESSOR.
4. DEPOSIT: That the LESSEE shall deposit to the LESSOR upon signing of this contract and
prior to move-in an amount equivalent to the rent for THREE (3) MONTHS or the sum
of PESOS: AMOUNT IN WORDS (P 00,000.00), Philippine Currency. wherein the two (2)
months deposit shall be applied as rent for the 11th and 12th months and the remaining one
(1) month deposit shall answer partially for damages and any other obligations, for utilities
such as Water, Electricity, CATV, Telephone, Association Dues or resulting from violation(s) of
any of the provision of this contract.
5. DEFAULT PAYMENT: In case of default by the LESSEE in the payment of the rent, such as
when the checks are dishonored, the LESSOR at its option may terminate this contract
and ejectthe LESSEE. The LESSOR has the right to padlock the premises when the LESSEE is
in default of payment for One (1) month and may forfeit whatever rental deposit or advances
have been given by the LESSEE.
6. SUB-LEASE: The LESSEE shall not directly or indirectly sublet, allow or permit
the leasedpremises to be occupied in whole or in part by any person, form or corporation,
neither shall the LESSEE assign its rights hereunder to any other person or entity and no right
of interest thereto or therein shall be conferred on or vested in anyone by the LESSEE without
the LESSOR'S written approval.
7. PUBLIC UTILITIES: The LESSEE shall pay for its telephone, electric, cable TV, water,
Internet, association dues and other public services and utilities during the duration of
the lease.
8. FORCE MAJEURE: If whole or any part of the leased premises shall be destroyed or
damaged by fire, flood, lightning, typhoon, earthquake, storm, riot or any other unforeseen
disabling cause of acts of God, as to render the leased premises during the term substantially
unfit for use and occupation of the LESSEE, then this lease contract may be terminated
without compensation by the LESSOR or by the LESSEE by notice in writing to the other.
9. LESSOR'S RIGHT OF ENTRY: The LESSOR or its authorized agent shall after giving due
notice to the LESSEE shall have the right to enter the premises in the presence of the LESSEE
or its representative at any reasonable hour to examine the same or make repairs therein or for
the operation and maintenance of the building or to exhibit the leased premises to prospective
LESSEE, or for any other lawful purposes which it may deem necessary.
10. EXPIRATION OF LEASE: At the expiration of the term of this lease or cancellation
thereof, as herein provided, the LESSEE will promptly deliver to the LESSOR
the leased premises with all corresponding keys and in as good and tenable condition as the
same is now, ordinary wear and tear expected devoid of all occupants, movable furniture,
articles and effects of any kind. Non-compliance with the terms of this clause by the LESSEE
will give the LESSOR the right, at the latter's option, to refuse to accept the delivery of the
premises and compel the LESSEE to pay rent therefrom at the same rate plus Twenty Five (25)
% thereof as penalty until the LESSEE shall have complied with the terms hereof. The same
penalty shall be imposed in case the LESSEE fails to leave the premises after the expiration of
this Contract of Lease or termination for any reason whatsoever.
11. JUDICIAL RELIEF: Should any one of the parties herein be compelled to seek judicial
relief against the other, the losing party shall pay an amount of One Hundred (100) % of the
amount clamed in the complaint as attorney's fees which shall in no case be less than
P50,000.00 pesos in addition to other cost and damages which the said party may be entitled
to under the law.
12. This CONTRACT OF LEASE shall be valid and binding between the parties, their
successors-in-interest and assigns.
IN WITNESS WHEREOF, parties herein affixed their signatures on the date and place above
written.
LESSOR LESSEE
_____________________________ ______________________________
ACKNOWLEDGEMENT
_________________________) S.S
This instrument consisting of ____ page/s, including the page on which this acknowledgement
is written, has been signed on each and every page thereof by the concerned parties and their
witnesses, and and sealed with my notarial seal.
WITNESS MY HAND AND SEAL, on the date and place first above written.
Notary Public
Doc. No.______;
Book No.______;
Series of 20___.
Republic of the Philippines
National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 147
Makati City
1. That accused is currently detained at the Makati City Jail for the charge
of Frustrated Murder and has been behind bars since his arrest on August 1, 2013;
2. That no bail has been recommended for his temporary release on the assumption that
the evidence of guilt is strong;
3. That the prosecution's evidence of guilt against accused, however, is weak as there
is no direct evidence that will point to the accused to have committed the the charges
against him. The records will show that accused was malicious implicated in the case
through the sworn statements of SINU NGALING and BULA AN who subsequently
recanted their testimonies and confessed, among others, that they were made to
sign the "affidavits of witnesses" against their will. (copies of the Affidavits of
Recantation are hereto attached as Annexes "A" and "B")
4. That there is no other physical or documentary evidence to show that accused is guilty
of the crime charged;.
5. That the burden of showing that evidence of guilt is strong is on the prosecution, and
since this fact is not satisfactorily shown, accused is entitled to bail as a matter of
right during the pendency of the criminal case.
WHEREFORE, upon prior notice and hearing, it is respectfully prayed of this
Honorable Court that accused AKU SADO be allowed to post bail for his temporary
liberty pending trial of the criminal chargeagainst him.
Respectfully submitted.
15 August 2013
City of Makati.
ATTY. VX YZ
Counsel for the
Accused
NOTICE OF HEARING
Greetings!
Please submit the foregoing motion to the Honorable Court on August 27, 2013
at 8:30 in the morning for its favorable consideration and approval.
VX YZ
PROSECUTOR WX YZ
Office of the City Prosecutor, Makati City
ATTY. AB CD
Private Prosecutor
2233 Zamora Street, Pasay City
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
FOURTH JUDICIAL REGION
Branch ________
Dasmarias, Cavite
x--------------------------------------x
PETITION
PRAYER
PINKY CANDELARIA-NAKAYAMA
Affiant
SUBSCRIBED AND SWORN to before this ______ day of ________________, 20___
at _____________________________.
NOTARY PUBLIC
JUDAS ISCARIOT,
Accused.
x---------------------x
1. That this case was filed by the Honorable Asst. State City Prosecutor
without the benefit of the accused answering the charges against him;
3. That this motion is anchored on the fact, that accused in this case
has a valid defense ranged against the sole affidavit of the complainant without
any corresponding evidence as to the ownership of the said grinder subject of
this case except the positive assertion of the private complainant;
6. Attached herein are the affidavit of the owner Peter Griffin and the
receipt of the grinder paid by Peter Griffin which receipt is in his possession since
January 17, 2012 until today.
City Prosecutor
City of San Fernando
Sir:
Please calendar the foregoing Motion for hearing on December 13, 2013 at
10:30 oclock in the morning or at the earliest possible calendar of this Honorable
Court, sans personal appearance of undersigned counsel.
Copy furnished: