Republic of the Philippines DEPARTMENT OF JUSTICE OFFICE OF THE PROVINCIAL PROSECUTOR Iba, Zambales SHANGFIL MINING AND TRADING

CORPORATION, as represented, Julius Cesar Villares and Tomas Miguel Robillos, Sr., Complainant, -versusI.S. NO. ________________ For: Malicious Mischief as defined and penalized under Article 327 of the Revised Penal Code.

MARCELO A. BOLAO, ENRIQUE C. FERNANDEZ, ENGR. ELMER CRISOLOGO, ENGR. PETER BENAIRES, JUN EJES, ELY LUCERO, TEOFILO MONTERO, BONG VALENCIA, P/INSP. ALRICK ERANA AND THIRTY (30) JOHN DOES, Respondents. x--------------------------------------------x REPUBLIC OF THE PHILIPPINES S.S. IBA, ZAMBALES

AFFIDAVIT OF DESISTANCE
WE, Julius Cesar Villares and Tomas Miguel Robillos, Sr., both Filipinos, of legal age and with address at No. 61-B, Simoun Street, Barangay Lourdes, Quezon City, after having been sworn to in accordance with law, hereby depose and state: 1. We are executing this Affidavit of Desistance as the duly authorized representatives of complainant Shangfil Mining and Trading Corporation (complainant SMTC). A copy of the Corporate Secretarys Certificate attesting to our authority is attached hereto as Annex A and made and integral part hereof. 2. On December 3, 2011, complainant SMTC, through our representation, filed a case for Malicious Mischief against respondents Marcelo A. Bolao of Benguet Corp Nickel Mines, Inc. (BNMI), Enrique C. Fernandez of Eramen Minerals, Inc. (EMI), Engr. Elmer Crisologo of BNMI, Engr. Peter Benaires of EMI, Jun Ejes, Ely Lucero, Teofilo Montero and Bong Valencia of Impala Security & Investigation Services, Inc. (ISISI), P/Insp. Alrick Erana of the Philippine National Police (PNP) and presently assigned at 1st Manuever Company, 3rd Regional Public Safety Batallion, Camp Olivas, San Fernando City, Pampanga, and thrity (30) John Does, with the Office of the Provincial Prosecutor, Iba Zambales.

2. That the preliminary Investigation of the case is yet to conducted by an Investigating Prosecutor assigned by the Office of the Provincial Prosecutor, Iba Zambales. 3. That after a serious deliberation of the circumstances that led to the filing of said case and after learning, based from pertinent documents, that P/Insp. Alrick Erana was only misled by BNMI and EMI that the Memorandum issued by the Community Environment and Natural Resources Office (CENRO) was final where on the contrary it was only recommendatory and that there are other peaceful modes to settle the controversy as provided for by Republic Act No. 7942 otherwise known as the Philippine Mining Act of 1995, complainant SMTC has come to an determination, in a board meeting held on January 6, 2011 at which quorum was present, to desist from pursuing the said case against him only. case. 4. That P/Insp. Alrick Erana should therefore be dropped from the said

5. That with respect to the other co-respondents of P/Insp. Alrick Erana, complainant SMTCs stand that they should be held criminally liable remains and has not changed at all considering that: a) probable cause exists that the crime of Malicious Mischief has been committed; b.) they committed the said crime; and, c.) they should be held for trial. 6. That no force, violence, threat or intimidation or any unlawful consideration was exerted upon, promised or given for complainant SMTCs desistance. 7. That we affirm and attest to the truth of the foregoing statements. AFFIANTS FURTHER SAYETH NAUGHT. IN WITNESS WHEREOF, we have hereunto set our hands on this 9th day of January, 2012 at Quezon City.

JULIUS CESAR VILLARES Affiant

TOMAS MIGUEL ROBILLOS, SR. Affiant

SUBSCRIBED AND SWORN TO before me this _____th day of January 2012 at ____________, affiant exhibiting to me his Social Security System Card No. _______________ as sufficient proof of his identity. NOTARY PUBLIC Doc. No. :_____; Page No. :_____; Book No. :_____; Series of 2012.