City of Cebu . . . . . . . . . . . . . . ) S. S. x------------------------/
AFFIDAVIT OF UNDERTAKING
I, EDGAR ALLAN OBEDENCIA ABOYO, of legal age, single
and a resident of Sitio Mangga, Tisa, Punta Princesa, Cebu City, Philippines, after having been duly sworn to in accordance with law, do hereby depose and state:
1. I am the owner of a certain motorcycle described as follows:
Copies of the Certificate of Registration (CR) and Official Receipt
(OR) of the said motorcycle are hereto attached as Annexes “1” & “2” forming an integral part of this undertaking.
2. That the above-described motor vehicle and the duplicate key
were confiscated by elements of Police Station 9, V. Rama Ave., Guadalupe, Cebu City in relation to the charge for reckless imprudence resulting in slight physical injuries docketed as Criminal Case No. M-CEB-19-02584-CR.
3. My Professional Driver’s License No. G01-15-000475 was also
confiscated.
4. That the said incident allegedly happened on May 19, 2019.
5. That the subject vehicle is my only means of transportation from
my residence to my work place and to places where my work assignment requires my presence.
6. The subject vehicle is presently parked in an open space at the
police station exposing the same to scourging heat of the sun and incessant rain - thus exposing the same to wear and tear. 7. That I need to keep safe the subject and use the same for my work and I undertake to bring it to the court once it is required upon court order.
8. That the said motorcycle cannot be physically offered in
evidence in court and that in its stead, I am submitting copy of picture showing the motorcycle for identification. The picture is hereto attached as Annex “3” forming an integral part of this undertaking.
9. That I hereby undertake to cooperate with the court and the
Office of the City Prosecutor of Cebu City in the presentation of the said vehicle in court as part of the evidence of the prosecution in this case and that I shall present the same in court should the same be needed in the presentation of prosecution’s evidence.
10.That I execute the foregoing affidavit of undertaking in support
of my motion for the release of motorcycle, duplicate key and the driver’s license filed with the court, and for whatever legal purpose this may serve best.
IN WITNESS WHEREOF, I have hereunto set my hand this ___
day of November 2019 in the City of Cebu, Philippines.
EDGAR ALLAN OBEDENCIA ABOYO
Affiant Driver’s License No. G01-15-000475 To expire on November 19, 2022
SUBSCRIBED AND SWORN to before me this ___ day pf
November 2019 in the City of Cebu, Philippines. Affiant exhibited to me his evident competence of identity, Driver’s License No. written below his name. I hereby certify that he is the same person who executed the said affidavit of undertaking and that he voluntarily did it sans threat or intimidation.