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Affidavit of Desistance Sample PDF

1) The document is an affidavit of desistance filed by a private complainant in a criminal case for violation against an accused. 2) The private complainant states that the case arose from a misunderstanding and misapprehension of facts between herself and the accused. 3) For the welfare of their child and due to the misunderstanding, the private complainant no longer wishes to prosecute the case and hereby desists from pursuing the criminal charges against the accused.

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609 views

Affidavit of Desistance Sample PDF

1) The document is an affidavit of desistance filed by a private complainant in a criminal case for violation against an accused. 2) The private complainant states that the case arose from a misunderstanding and misapprehension of facts between herself and the accused. 3) For the welfare of their child and due to the misunderstanding, the private complainant no longer wishes to prosecute the case and hereby desists from pursuing the criminal charges against the accused.

Uploaded by

usjrlaw2011
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


Fourth Judicial Region
Branch 80, Morong, Rizal
!
AFFIDAVIT OF DESISTANCE
!
I, __________________, Filipino, of legal age, and resident of
_____________________, after having been duly sworn to in accor-
dance with law, depose and state:
!
1. I am the private complainant in a criminal case for
violation of _________________ against __________________
docketed as Criminal 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 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 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 am executing this affidavit to attest to the truth of the
foregoing statements and respectfully pray that the aforementioned
case against _____________ be withdrawn and/or dismissed.
!
!
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! of 2
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IN WITNESS WHEREOF, we have hereunto set my hands this
_________________________ in _________________, Philippines.
!
!
!
_______________________
Private Complainant
!
Assisted by:
!

_______________________
Private Prosecutor

!
SUBSCRIBED 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 2016.

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! of 2
!

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