AFFIDAVIT OF DESISTANCE

I, Roberto Madlangtuta Filipino citizen, of legal age, single and residing at Blk. 27 Lt. 3
Polomoc, Barangay Sampaloc, Alabang Muntinlupa City , after being duly sworn according to law,
hereby depose and state that:

1. That I am a private complainant in a criminal case for theft against Joey O. Garcia filed before
the Office of the City Prosecutor, City of Manila;
2. That after careful examination of the cellular phone found in the possession of the herein
accused, appearing to be the similar to my stolen phone, I, therefore conclude that there is a
misapprehension of the facts, since there are distinct differences in internal systems between
my phone and the phone of the accused;
3. That I decided not to pursue the case against the accused considering that it was proven,
without trial, that the accused did not do acts constituting theft.
4. Due to the circumstances mentioned, I am now desisting in the further pursuing the prosecution
of the case;

IN WITNESS WHEREOF, I have hereunto set my hand this 11th of December 2013 in the
City of Muntinlupa , Philippines.

Roberto Madlangtuta
Affiant

SUBSCRIBED AND SWORN to before me this 11th of Decembe , affiant exhibited to me

his/her Competent Evidence of Identity by way of Drivers License issued at Sabang,
Dasmarias City, Cavite, Philippines on 29th of April 2010 .

NOTARY PUBLIC