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Affidavit-Of Desistance (Civil)

The document is an affidavit of desistance filed by a private complainant in a civil case for violation against an accused. In the affidavit, the complainant states that the case arose from a misunderstanding and misapprehension of facts. For the welfare of their family, the complainant now wishes to withdraw the complaint and desist from prosecuting the case further. However, the affidavit does not waive any future legal actions. The complainant releases the accused from criminal liability in this case and executes the affidavit to attest to the truth of the statement and request that the case be withdrawn or dismissed.

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Judilyn Ravilas
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601 views2 pages

Affidavit-Of Desistance (Civil)

The document is an affidavit of desistance filed by a private complainant in a civil case for violation against an accused. In the affidavit, the complainant states that the case arose from a misunderstanding and misapprehension of facts. For the welfare of their family, the complainant now wishes to withdraw the complaint and desist from prosecuting the case further. However, the affidavit does not waive any future legal actions. The complainant releases the accused from criminal liability in this case and executes the affidavit to attest to the truth of the statement and request that the case be withdrawn or dismissed.

Uploaded by

Judilyn Ravilas
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


Branch ___, ________________ City

AFFIDAVIT OF DESISTANCE

I _________________________, Filipino, of legal age, and resident of


___________________________, after having duly sworn to in accordance with law,
depose and state:

1. I am a private complainant in civil case for violation of


__________________________ against ______________________ docketed as Civil
Case No.______________ pending before the Regional Trial Court of
__________________, Branch ______.

2. After several conferences with the accused, I hereby declare that the same
arose out of pure misunderstanding and misapprehension of facts;

3. Based on the said misunderstanding, misapprehension of facts and also for


the welfare of my family, I manifest that I now withdraw my complaint against the accused
and that I am no longer interested and I hereby desist in prosecuting the above-mentioned
case;

4. That the Affidavit of Desistance should however, not be understood as a


waiver or relinquishment of any of my _____________ rights to pursue any legal action
that I may file in connection with any act or omission that the accused may commit in the
future;

5. I hereby release the accused from any and all criminal liabilities and waive
any right of action against the accused in connection with the above case;

6. I fully understand the legal consequences of this Affidavit of Desistance;

7. I a executing this affidavit to attest to the truth of the foregoing statement


and respectfully pray that the aforementioned case against _______________ be
withdrawn and / or dismissed.

IN WITNESS WHEREOF, we have hereunto set hands this


___________________ in ___________________________ Philippines.

_____________________________
Private Complainant

Assisted by:

__________________________________
Private Prosecutor
SUBSCRIBE AND SWORN to before me this _______________ in
____________________. Philippines, affiant exhibiting to me her
_______________________ issued at _______________ issued on
___________________ as her valid proof of identification.

Doc. No.______:
Page No.______:
Book No.______:
Series of 2019.

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