REPUBLIC OF THE PHILIPPINES

Department of Justice
OFFICE OF THE CITY PROSECUTOR
Quezon City

JOEY MELGAR y TAGLE

JUSTINE BARBIE y TAGLE
Complainants,

- versus - INQUEST NO. XV-03-211-03-019

ARENIO BALCO y Perante

Respondent.
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MOTION TO WITHDRAW
With an AFFIDAVIT OF DESISTANCE

The hereunder complainants to this Honorable Office most respectfully state:

1. A criminal complaint for Lascivious Conduct under Section 5(b) of Republic Act No.
7616 was filed by Justine Barbie T. Melgar (Justine Barbie) and Joey T. Melgar (Mr.
Melgar) against respondent Arenio Balco (Balco) on 21 September 2021;

2. In the complaint, Justine Barbie narrated that Balco borrowed her cellular phone
which was recharged inside her room, and thereafter, kissed her in the lips twice,
touched her leg and arm;

3. However, after a few days of discernment and meditation of what truly transpired,
Justine Barbie disclosed to Mr. Melgar (her father), that Balco only get the cellular
phone and done nothing else. That there was no kissing and touching incident against
her person.

4. Justine Barbie recounted that she was slightly brushed in the arm by Balco when he
exited the room at the exact moment that she also suddenly entered her room.

5. Upon clarification, Mr. Melgar ascertained that Justine Barbie was telling the truth,
and that she was not under threat or duress when she retracted her prior statement.
Upon verification, Mr. Melgar know without doubt that Balco neither kiss her
daughter’s lips nor touch her arm and leg.

6. Thus, Justine Barbie and Mr. Melgar will no longer pursue the complaint that they
filed against Balco, as there was only a misunderstanding and confusion on the part of
Justine Barbie.

7. Based on foregoing reason, Justine Barbie and Mr. Melgar respectfully request for
the withdrawal of the complaint of Lascivious Conduct against respondent
Balco, and prayed that the case against Arsenio Perante Balco be dismissed and
that he be released immediately from prison.
 Motion to Withdraw with Affidavit of Desistance
Melgar vs. Balco
Page 2 of 3
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IN WITNESS WHEREOF, we hereby affix our signatures this 02 October 2021 in

Quezon City, Philippines.

JUSTINE BARBIE T. MELGAR

Complainant –Minor

JOEY T. MELGAR
Complainant - Father

Republic of the Philippines)

______________________);

SUBSCRIBED AND SWORN to before me in ____________, Philippines, personally

appeared Justine Barbie T. Melgar, and Joey T. Melgar with their respective IDs
________________bearing photograph and signature, and who signed said Motion to Withdraw
with Affidavit of Desistance in my presence and swore that they understood the contents thereof
and that the same was their free and voluntary act and deed.

Doc. No. _____ Notary Public

Page No. _____
Book No. _____
Series of 2021.

Copy furnished

ARENIO BALCO y Perante

EXPLANATION

Pursuant to Section 11, Rule 13 of the 1997 Revised Rules of Civil Procedure, copy of
this Motion to withdraw with an Affidavit of Desistance is being personally served to the
respondent, and personally filed before the Honorable Office.

JOEY T. MELGAR
Complainant - Father
Motion to Withdraw with Affidavit of Desistance
Melgar vs. Balco
Page 3 of 3
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