Republic of the Philippines}

City of Cebu }

AFFIDAVIT OF DESISTANCE

I, ____________________, of legal age, Filipino, married, and a resident of

Mandaue City, after having been duly sworn to in accordance with law, do
hereby depose and state that:

1. I am the duly authorized representative of the Private Complainant

in Criminal Case no. DU-14720 for ESTAFA against Mildred Caldoza
and John Lozada pending before Branch 56 of the Regional Trial
Court, Mandaue City by virtue of a Secretary’s Certificate dated
__________;

2. That herein case was filed sometime on __________ 200_. Back then,
emotions were high and there was lack of communication between
the Private Complainant and the Accused John Lozada that resulted
to the filing hereof;

3. After setting aside their emotions and after listening to the

explanations of the Accused, I have come to realize that the
Accused have no criminal liability and consequently decided not to
pursue this instant case;
. That after mulling over the incident for some time and thinking that it was
just a case of misunderstanding between me and my neighbor, I have decided
to withdraw my accusations against __________;

1. On 19 November 1999, said Violeta Villaceran has settled her civil liability by
paying in full her indebtedness.

2. In view of the foregoing, I am withdrawing the charges against her.

In view of the foregoing, I finally manifest that I now completely and absolutely
exonerate the accused _____________ from any liability in connection with the
above-mentioned criminal case and that I am no longer interested, and I hereby
desist, in prosecuting the said criminal case;

That I execute this Affidavit of Desistance so that the above-mentioned criminal case
be immediately dismissed and considered finally closed and the bond posted by
the herein accused be released to him;

As such, I am respectfully praying that the aforementioned case against the Accused
_____________ be dismissed and finally closed.

2 In this regard, the accused _____________ has already paid in full the amount
represented by the checks subject of the above-mentioned cases, to with:

Criminal Case No. Check No. Date Amount

 3 That in view of the payment in full by the accused, I would like to manifest that
I am no longer interested in the prosecution of the aforementioned criminal cases
and I am respectfully requesting the Honorable Public Prosecutor to move for the
dismissal of the aforementioned cases against the accused.

“After carefully evaluating and taking into consideration the suggestion of the Honorable
Presiding Judge that I withdraw the case against the accused, I wish to state that I am no
longer interested in its prosecution and thus prefer to desist from prosecuting it,”
Defensor said in his affidavit.

4. With respect to the civil liability, the parties have agreed to settle
the matter and have executed a compromise agreement which I
have attached to this affidavit;

5. I have no other witnesses nor evidences against the Accused in this

case;

6. Fairness and equity require that I desist from further prosecuting

this case;

7. I execute this affidavit of my own free will and attest the veracity of
the foregoing for whatever legal purpose this may serve.

IN WITNESS WHEREOF, I have hereunto affixed my signature this __

March 2008 in Cebu City, Philippines.

CHERYL MORTENSON
Private Complainant

SUBSCRIBE AND SWORN to before me this __ March 2008 in Cebu

City, Philippines. I hereby certify that I have personally examined the affiant;
that she has read and understood the foregoing statements and executed the
same of her own free will.

Republic of the Philippines)

Province of_________________) S.S.
City/Municipality of ____________)
x------------x

AFFIDAVIT OF DESISTANCE
I,__________, of legal ages, Filipino,(single / married / widow), and a
resident of ____________, Philippines, after having been duly sworn
in accordance with law, hereby depose and say:

That I am the private complainant in the criminal case entitled

"____________"; for Theft docketed
as____________before___________Trial Court, Branch
_____,__________City, Philippines;

That I found out that the said accused at the time of the incident was
not in his right mind and did not know that what he was doing was
wrongful and criminal considering that he was suffering from
Schizophrenia, Paranoid Type in acute exacerbation as certified to by
Dr.____________of____________;

That the items taken by the accused, consisting

of____________and____________were immediately recovered from
him and their values had been voluntarily reimbursed by the relatives
of the said Accused;

In view of the foregoing, I finally manifest that I now completely and

absolutely exonerate the accused__________from any liability in
connection with the above-mentioned criminal case and that I am no
longer interested, and I hereby desist, in prosecuting the said criminal
case;

That I execute this Affidavit of Desistance so that the above-

mentioned criminal case be immediately dismissed and considered
finally closed and the bond posted by the herein accused be released
to him;

As such, I am respectfully praying that the aforementioned case

against the Accused____________ be dismissed and finally closed.

IN WITNESS WHEREOF,I have hereunto set my hand

this____________at__________City, Philippines.

Affiant

(JURAT)