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AFFIDAVIT OF DESISTANCE Sample

1) I A R, the complainant in a criminal case against COP for swindling/estafa, has filed an Affidavit of Desistance stating that on February 25, 2020, they settled their differences amicably. 2) I A R and COP agreed to withdraw the complaint filed with the City Prosecutor's Office in Dasmarinas City, Cavite because the complaint arose from a misunderstanding. 3) I A R is no longer interested in pursuing the criminal case and permanently withdraws the complaint against COP, requesting that the Regional Trial Court dismiss the case with prejudice.

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33% found this document useful (3 votes)
2K views2 pages

AFFIDAVIT OF DESISTANCE Sample

1) I A R, the complainant in a criminal case against COP for swindling/estafa, has filed an Affidavit of Desistance stating that on February 25, 2020, they settled their differences amicably. 2) I A R and COP agreed to withdraw the complaint filed with the City Prosecutor's Office in Dasmarinas City, Cavite because the complaint arose from a misunderstanding. 3) I A R is no longer interested in pursuing the criminal case and permanently withdraws the complaint against COP, requesting that the Regional Trial Court dismiss the case with prejudice.

Uploaded by

Reynan Dollison
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

Department of Justice
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
Dasmarinas City

I A R,
Complainant, NPS DOCKET NO. IV-24-INV-19F-404
For: Art. 315 of RPC Swindling/Estafa
- versus –

COP
Respondent.
x-------------------------------------x

AFFIDAVIT OF DESISTANCE
 
REPUBLIC OF THE PHILIPPINES)
PROVINCE OF CAVITE )
CITY OF DASMARINAS                   ) S.S.
 

        I, I A R, of legal age, Filipino, married, and residing at____________________


Dasmarinas City, Cavite, after having duly sworn to in accordance with law hereby
depose and state that:
 
1. I am the complaining witness in the above-captioned criminal complaint/case;

2. On February 25, 2020, I and respondent C O. P have already amicably settled for
good our differences;

3. I and respondent C O. P agreed also on that same day that I will no longer pursue
my complaint and that I will withdraw the complaint-affidavit, which I filed
before the City Prosecutor’s Office of Dasmarinas City, Cavite, because the same
merely arose out of pure misunderstanding and misapprehension of facts;

4. I declare that based on the said misunderstanding and misapprehension of facts,


I am no longer interested in prosecuting the instant criminal complaint/case and I
am permanently withdrawing my complaint against the respondent;

5. If the same is already filed in court, I likewise request the Regional Trial Court of
Dasmarinas City, Cavite to dismiss with prejudice the said criminal
complaint/case; and

6. This Affidavit of Desistance is being filed in good faith and solely for the
foregoing reasons and not in any way intended to delay the proceedings of the
Honorable Prosecutor’s Office.
.
 

1
IN WITNESS WHEREOF, I hereby set my hand this ___ day of February 2020 at
the City of Dasmarinas, Cavite.
 
 

 
IAR
Complaining Witness
 
 
SUBSCRIBED AND SWORN to before me this _____ day of February 2020 at the City
of Dasmarinas, Cavite. I hereby certify that I have personally examined the above-named affiant
and that I am satisfied that the foregoing statements were given by her voluntarily and of her
own free will.
 
 

_________________________________ 
Public Prosecutor

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