REPUBLIC OF THE PHILIPPINES)

CITY OF CEBU ) S.S.

AFFIDAVIT OF DESISTANCE

I, MA. VICTORIA MARTINEZ y PARAN, of legal age, Filipino citizen, widow and a resident
of Purok Rose, Barangay Punod, Pinamungajan, Cebu, after having been sworn to in accordance
with law hereby depose and state that:

1. I am the complainant for the criminal case filed before this Honorable Office with
Criminal Case Docket No. VII-____________________ for RAPE;

2. That after sometime, my sober and soul searching assessment and analysis of the
incident, I and my family members especially my son Nicolas Martinez y Paran, who
accompanied me all throughout this circumstance. We have had realized that the case filed
against Antonio Algaba alias “Tonio” was out of my frustration and dismayed against him.

3. Since, we could not afford to bring this matter out of proportion. We have had
decided to settle the matter amicably. My son, Nicolas sent a neighbor to the house of Antonio
Algaba to talk about the issue at hand and settle it peacefully and amicably.

4. That sometime on 23 APRIL 2017, both parties have had agreed to settle the issue
amicably once and for all. Likewise, one of my sons (Arnel Martinez) agreed to be part of the
said amicable settlement. He signed as one of the witnesses. (hereto attached copy of the
“Kasabutan sa Paghusay” as “ANNEX A and A1” respectively and made integral part hereof);

5. Not yet contented, that sometime on 24 APRIL 2017, issues at hand have had been
settled amicably before the Lupong Tagapamayapa of Barangay Lamac, Municipality of
Pinamungajan, Province of Cebu (hereto attached copy of the “AMICABLE SETTLEMENT”
before the Lupong Tagapamayapa of Barangay Lamac, Municipality of Pinamungajan,
Province of Cebu as “ANNEX B” respectively and made integral part hereof);

6. Since I could not state with certainty and without doubt the liability of ANTONIO
ALGABA alias “TONIO”, in fairness to him, I am permanently withdrawing my complaint against
him. I clear him of whatever responsibility or liability to me.

7. I hereby inform the Office of the Provincial Prosecutor-Cebu that I am WITHDRAWING

my complaint in Criminal Case Docket No. VII-_______________________.

IN WITNESS WHEREOF, I have hereunto affixed my signature this day _____ of MAY
2017, in Cebu City, Cebu, Philippines.

MA. VICTORIA
Complainant/Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, this day _____ of MAY 2017, at Cebu City, Cebu,
Philippines. I hereby certify that I have personally examined the above-named affiant and that I
am satisfied that the foregoing statements were given by her voluntarily and of her own free
will.