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Sample Affidavit of Desistance

This affidavit was made by a witness in a murder case who now wants to desist from testifying. The witness states that they previously lived with their mother and were a witness in a criminal case against an accused person. However, the witness now does not want to pursue the case, as they did not actually see the accused carrying or firing a firearm at the deceased. The witness affirms they will only appear in court to affirm this affidavit of desistance.
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0% found this document useful (1 vote)
2K views1 page

Sample Affidavit of Desistance

This affidavit was made by a witness in a murder case who now wants to desist from testifying. The witness states that they previously lived with their mother and were a witness in a criminal case against an accused person. However, the witness now does not want to pursue the case, as they did not actually see the accused carrying or firing a firearm at the deceased. The witness affirms they will only appear in court to affirm this affidavit of desistance.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES )

City of Zamboanga…………………….)S.S.
x------------------------------------------------x

AFFIDAVIT OF DESISTANCE

I, _________________, of legal age, married, Filipino citizen and a


resident of barangay ______, Zamboanga City, after having been duly sworn
to an oath in accordance with law, hereby depose and say that:

1. I am one of the witnesses in Criminal Case No. _________ for


Murder under the Revised Penal Code, pending trial before the
Regional Trial Court, Branch ___, Zamboanga City;

2. I previously lived in ___________, Zamboanga City together with my


mother, NAME;

3. STORY/VERSION OF WITNESS/STATEMENT/REASON FOR


DETRACTION/DESISTANCE

4. I am no longer interested in pursuing the case against accused NAME


because I did not see him carrying any firearm and neither did I see
him fire any kind of firearm at the deceased;

5. That I will only appear in court for the affirmation of my Affidavit of


Desistance;

I am executing this Affidavit of Desistance to attest to the truthfulness


of the above-narrated facts and circumstances and for whatever legal intents
and purpose this may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this


_____day of _________, 2018 in the City of Zamboanga, Philippines.

XXX
Affiant-witness

SUBSCRIBED AND SWORN TO before me in this _____day of


_____ 2018 in the City of Zamboanga, Philippines.

CERTIFICATION

This is to certify that I have personally examined herein affiant and


that I am satisfied that she had voluntarily executed and understood the
contents hereof.

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