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Republic of the Philippines )

Province of Northern Samar )


Municipality of Gamay )s.s.

AFFIDAVIT OF DESISTANCE

I, CRISTINA C. MORILLO, of legal age, married, and a resident of Brgy.


Lapinig Del Norte, Lapinig, Northern Samar, after being sworn to in accordance with
the law, hereby depose and say:

1. That I am the private complainant in Criminal Case No. 13-159,


entitled People of the Philippines v. Leulito Lopega y Perin,
Marlon Capoquian y Ramirez, Johnny Pajares y Urbano, Ramil
Donceras y Morallos and Floro Oros y Donceras, for Murder,
which is pending before the Regional Trial Court, Branch 38,
Gamay, Northern Samar.

2. That after due consideration of the facts and the circumstances


surrounding the incident, I am fully convinced that I could not prove
the guilt beyond reasonable doubt of accused Johnny U. Pajares
(Johnny) as I am not actually sure of his exact participation, if there
was any, in the said incident. I am not likewise certain if indeed
Johny conspired with the other accused to perpetrate the said crime
because I just merely saw him (Johnny) running to the opposite
pathway while my son, Mario Morillo y Cesista, was being held and
stabbed by the other accused. Further, our witness, Johnny T.
Pecayo, does not also know his exact participation, if any, as he did
not see him when the incident happened.

3. In view of the foregoing, I am no longer interested in pursuing the


criminal case against accused, Johnny U. Pajares only. Hence, I
am now asking the consideration of the Honorable Public
Prosecutor and this Honorable Court to honor and respect my
decision to desist from pursuing this criminal case against him.

4. That I have not been forced, threatened, intimidated, coerced, nor


given any reward, gift, money or promised any consideration in
order to execute this Affidavit of Desistance.

5. That once this case be dismissed, I am fully aware that I could no


longer revive or file another case involving the same incident
against accused Johnny Urbano Pajares.

6. That I executed this affidavit to attest the foregoing statements and


for whatever legal purpose this may serve.

IN WITNESS WHEREOF, I hereunto set my hand this 25 th day of August 2022


in Gamay, Northern Samar.

CRISTINA C. MORILLO
Private Complainant/Affiant

SUBSCRIBED AND SWORN to before me this 25th day August 2022, in


Gamay, Northern Samar. The affiant exhibited to me her OSCA ID No. 159-15,
bearing her signature and photograph, as competent proof of her identity.

HON. MARIA LUISA DELA CRUZ-NARCA


Public Prosecutor

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