REPUBLIC OF THE PHILIPPINES )

CITY OF CALBAYOG ) S.S

AFFIDAVIT OF DESISTANCE

I, TERESITA O. MARANTE, 68 years old, widow, and a resident of

Purok 7, brgy, Pena, Tinambacan District, Calbayog City, Samar, after
having been duly sworn to in accordance with law, hereby depose and
state that:

1. I am the private offended party in Criminal case No. 4947

entitled, People of the Philippines vs. Romeo Moraca, et. al. for
Murder;

2. Among the four accused in this case are Ruel Montimor and
Roberto Montimor;

3. My lone eyewitness, Erwin Marquez, has already left Brgy. Pena

since 2007 and his whereabouts are already unknown;

4. Prior to leaving, he intimated to me what has actually transpired

at the Basketball Court of Brgy. Pena last november 25, 2006 at
around 1:00 o’clock in the morning. I realized then that we can
no longer establish the guilt of the two above-named accused
beyond reasonable doubt;

5. In the Affidavit which he executed, Erwin Marquez merely

alleged that accused, Ruel Montimor and Roberto Montimor were
“present” at the time my so, Ernesto Marante, was stabbed to
death;

6. Upon confronting him regarding the participation of Ruel

Montimor and Roberto Montimor in the stabbing of my son, he
told me that he did not see them participate and that the two
were mere bystanders who happened to be there during the
commission of the crime;

7. In the high interest of restoring our peaceful and friendly

relationships with Ruel Montimor and Roberto Montimor, I
hereby declare my resolve to desist from further prosecuting
and pray for the dismissal of the adverted case for Murder
against them.

TERESITA O. MARANTE
Affiant
 Office of Senior Citizens Affairs ID No. T-21067
Date of Issue 26 September 2012
SUBSCRIBED AND SWORN to before me at the date and
place above-mentioned, after personally examining the affiant
and after being fully satisfied that he voluntarily executed and
understood the contents of this affidavit.

CZARINA ROSE T. LANTAJO

Public Attorney II
Public Attorney’s Office,
Calbayog District Office
ROLL NO. 65313
IBP NO. 045815

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