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Affidavit of Desistance

The document is an Affidavit of Desistance from a private complainant in a criminal case, stating the withdrawal of their complaint against the accused due to a misunderstanding. The complainant releases the accused from criminal liabilities while retaining the right to pursue future legal actions if necessary. The affidavit is executed to formally request the dismissal of the case and acknowledges the legal implications of this decision.

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Jothan Borja Detecio
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402 views2 pages

Affidavit of Desistance

The document is an Affidavit of Desistance from a private complainant in a criminal case, stating the withdrawal of their complaint against the accused due to a misunderstanding. The complainant releases the accused from criminal liabilities while retaining the right to pursue future legal actions if necessary. The affidavit is executed to formally request the dismissal of the case and acknowledges the legal implications of this decision.

Uploaded by

Jothan Borja Detecio
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


____ Judicial Region
Branch ____

AFFIDAVIT OF DESISTANCE

I ____________ Filipino, of legal age, a resident of


____________________________________, after having been duly sworn to in
accordance with law, depose and state;

1. That I am the private complainant in a criminal case for violation of


____________________, against _____________________________,
docketed as criminal case number _______________, 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 our child, 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. This 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 released the accused from any and all criminal liabilities and
waived 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 am executing this Affidavit of Desistance to attest to the truth of the
foregoing statements and respectfully pray that the aforementioned case
against_______________________ be withdrawn and/or dismissed.

IN WITNESS WHEREOF, I have signed this Affidavit this ___________ day


of _____________ 2022, at the municipality of _______________________
province of ___________________.

AFFIANT
SUBSCRIBED AND SWORN to before me this__________________ day of
__________________ 2022, in the municipality of
__________________province of _____________________, Philippines.

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