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AFFIDAVIT OF DESISTANCE

REPUBLIC OF THE PHILIPPINES)


CITY OF DAVAO ) S.S.

I, ERIC Roldan, of legal age, single, and a resident of 88 Int. 2 E. Jacinto St.,
Davao City, after having duly sworn to in accordance with law hereby depose
and state:

1. I am the complaining witness for Serious Physical Injuries against Joshua


Dela Cruz in the case entitled "People of the Philippines versus Joshua Dela
Cruz", Criminal Case No. 88888, Metropolitan Trial Court, Branch No. 9, City of
Davao.

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
Joshua Dela Cruz, 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 Davao that I am withdrawing my


complaint for Serious Physical Injuries in Criminal Case No. 88888 entitled
"People of the Philippines versus Joshua Dela Cruz", Metropolitan Trial Court,
Branch No. 9, City of Davao.

5. I likewise request the Metropolitan Trial Court, Branch No. 9, City of


Davao to dismiss with prejudice the said criminal case.

IN WITNESS WHEREOF, I hereby set my hand this 27nd day of October 2009
at the City of Davao.

Eric Roldan
Complaining Witness

SUBSCRIBED AND SWORN to before me this 28th day of October 2009 at the
City of Davao, Philippines.

Mykill L. Labiano
Public Prosecutor