Republic of the Philippines

Department of Justice
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
Iligan City
AFFIDAVIT OF DESISTANCE

I, MAMIL M. ADACUL, Filipino, of legal age, married and a resident of 35

Marinaut St., Marawi City, after having been duly sworn to in accordance with
law, depose and state that:
1. Last 25 September 2012, I filed a complaint against an unidentified
suspect for carnapping in connection with the loss of my vehicle, a
Toyota Innova G. with Plate No. KGK 294;
2. The complaint was filed before the Provincial Highway Patrol of Camp
Bagong Amal Pak-Pak, Langcaf, Marawi City;
3. Last February 2015, I received information that my vehicle was found
in the possession of a Romeo F. Herrera residing in Tugbungan,
Zamboanga City, and that it was given to him for safekeeping by a
friend; that my vehicle is currently seized by the Highway Patrol of
Zamboanga City and that Romeo F. Herrera now has a pending case
before the Office of City Prosecutor in Zamboanga City for violation of
PD No. 162 known as Anti-Fencing Law, docketed as NPS IX-06-INV15D-00163.
4. Considering the foregoing, I offered to him that I will sell the vehicle
for a reasonable compensation. He agreed, and hence, I executed a
Deed of Sale. A copy of the Deed of Sale is herein attached as Annex
A.
5. In view of the sale and considering that the respondent was without
knowledge of the status of the vehicle when he received possession, I
hereby manifest that I now completely and absolutely exonerate the
respondent from any liability in connection with the above-mentioned
criminal complaint and that I am no longer interested, and hereby
desist, in prosecuting the said criminal complaint; that I am
withdrawing my Complaint; that I will not appear as witness in any
proceeding against Romeo F. Herrera; that I hereby waive, renounce
and absolutely desist from any and all claims against Romeo F.
Herrera, in NPS Docket No. IX-06-INV-15D-00163 and in any and all
actions or claims that may arise relative to this incident which may be
filed before the barangay, court or any agency.

6. I am executing this affidavit knowingly, voluntarily, with full

awareness of its legal effect purposely to have the NPS Docket No. IX06-INV-15D-00163 filed against Romeo F. Herrera DISMISSED.

IN WITNESS WHEREOF, we have hereunto

this ___________________ in _______________, Philippines

set

our

hands

MAMIL M. ADACUL
Affiant

SUBSCRIBED AND SWORN TO before me this ___________________ in

Iligan City.

CERTIFICATION
THIS IS TO CERTIFY THAT I personally examined the herein affiant and
that I am fully satisfied that she executed and understood the content of her
Affidavit.

DEED OF SALE OF MOTOR VEHICLE

WITH ASSUMPTION OF MORTGAGE
KNOW ALL MEN BY THESE PRESENTS:
This Deed made and executed in Zamboanga City, by and between:
MAMIL M. ADACUL, Filipino, of legal age, a resident of 35 Marinaut, Marawi CIty,
hereinafter referred a the SELLER; and

ROMEO F HERRERA, Filipino, of legal age, and resident of Tugbungan, Zamboanga

City, hereinafter referred as the BUYER.
WITNESSETH:
WHEREAS, the SELLER is the lawful owner of a certain motor vehicle which is more
particularly described as follows:
MAKE
SERIES
TYPE OF BODY
YEAR MODEL

: Toyota
: Innova
: SUV
: 2012

MOTOR NO.
SERIAL/CHASSIS NO.
PLATE NO.
FILE NO.

: 1036-00000177107
: KUN405081131
: KGK 294
:

WHEREAS, the said motor vehicle is still mortgaged with Phillipine National Bank
(PNB), with remaining balance of Seven Hundred Eight Six Thousand Four Hundred Eighty
Eight Pesos (Php786,488.00) which is already due and demandable.
WHEREAS, the SELLER has offered to sell and the BUYER has agreed to buy the
above-described motor vehicle with all the improvements thereon for the total price of Three
Hundred Thousand (Php300,000.00) PESOS, Philippine Currency, receipt whereof is hereby
acknowledged to my entire satisfaction payable in the manner and form set forth herein below:
NOW, THEREFORE, for and in consideration of the sum of Three Hundred
Thousand (Php300,000.00) PESOS, Philippine currency, the said SELLER does hereby
sell, transfer and convey, in a manner absolute and irrevocable, unto the BUYER, free
and clear of all liens and encumbrances excepting the mortgagee as may be subsisting
in favor of PNB; and

The BUYER does hereby accept this sale and binds himself to assume as he
hereby assumes the payment of the unpaid balance of the mortgage in indebtedness of
the VENDOR amounting to Seven Hundred Eight Six Thousand Eight Hundred Pesos
44/100 (Php786,800.44) in favor of the aforenamed mortgagee and does hereby further
agree to be bound by the precise terms and conditions therein contained.
IN WITNESS WHEREOF, we have hereunto affixed our hands this____ day of
_______________ at ________________.

MAMIL M. ADACUL
Seller

ROMEO F. HERRERA
Buyer

Signed in the presence of:

_____________________________

______________________________

(Republic of the Philippines )

Zamboanga City ) S.S

ACKNOWLEDGEMENT

BEFORE ME, personally appeared:

Name
Mamil M. Adacul
Romeo F. Herrera

Identification Card

Date/Place Issued

________________________
________________________

Known to me and to me known to be the same persons who executed the foregoing instrument
and acknowledged to me that the same is their free and voluntary act and deed.
WITNESS MY HAND AND SEAL, on the date and place first above written.

Doc. No.______;
Page No. ______;
Book No.______;
Series of 2015