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Republic of the Philippines)

City of Cagayan de Oro.) ss.

AFFIDAVIT OF DESISTANCE
WITH WAIVER AND QUITCLAIM

We,Spouses TOMASITO O. LABITAD and METRELITA S. LABITAD,


of legal ages, Filipinos and both with the address at Kolambugan, Lanao del
Norte, after having been duly sworn to in accordance with law do hereby
depose and say:

1. That our son ,Christian S. Labitag, 26 years of age,got involved in a


vehicular accident last January 30, 2016, at Barangay Simbuco
National Highway while driving a motorcycle Honda CFT 125 MRCE
bearing plate number KA 18065. He accidentally bumped and hit
the rare portion of a Tractor Head Truck bearing plate number
URP309 driven by Genepher C. Micutuan,which was parked
alongside the highway and caused his death on the spot ;

2. That we understand that the abovementioned incident which


caused the death of our son Christian S. Labitad based on the Police
Report dated January 30, 2015 by the Kolambugan Municipal Police
Station in Kolambugan, Lanao del Norte, was purely an accident and
no negligent act was committed and attributable to the driver by
Genepher C. Micutuan;

3. That due to serious misapprehension of facts, We are not willing to


pursue and file a criminal or civil complaint agaisnt the diver of the
said Tractor Head truck;

4. That in view of the foregoing, We hereby desist from pursuing any


criminal or civil case against Genepher C. Micutuan and we are
longer willing to stand as complainant or witness against him for
any civil or criminal case in relation to the incidents involved in the
aforementioned accident and I waive and quitclaim all claims
against Genepher C. Micutuan;

5. That we execute this affidavit freely and voluntarily fully aware of


the legal consequences of my action;

IN WITNESS WHEREOF, we hereunto affix my signature this 3 rd day


of February 2015 at Cagayan de Oro City, Philippines.

TOMASITO M. LABITAD METRELITA S.


LABITAD
Affiant Affiant
SUBSCRIBED AND SWORN to before me this 3rd day of February
2016 at Cagayan de Oro City, Philippines, by_________________________ and
________________________, with ID Nos. _______________ and _______________
issued on _______________ and _______________ at _______________________ and
_____________________, simultaneously, known to me to be the same persons
who executed the foregoing Affidavit and who I personally examined, and am
satisfied that they have read and understood this affidavit and have personal
knowledge of the allegations contained therein.

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