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Affidavit of Desistance

1) Dianne Z. Domantay, the 15-year-old complaining witness in a case against George Louie Fabia for violation of RA 7610, has filed an affidavit recanting her testimony and requesting the case be dismissed. 2) She now believes the filing of the case was due to a misunderstanding between herself and Fabia, and that no sexual abuse actually occurred on the date in question. 3) Both Fabia and his mother have promised to have no contact with Domantay until she reaches age 22, and Domantay is informing the prosecutor and court of her desire to withdraw the complaint and have the case dismissed with prejudice.
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0% found this document useful (0 votes)
164 views1 page

Affidavit of Desistance

1) Dianne Z. Domantay, the 15-year-old complaining witness in a case against George Louie Fabia for violation of RA 7610, has filed an affidavit recanting her testimony and requesting the case be dismissed. 2) She now believes the filing of the case was due to a misunderstanding between herself and Fabia, and that no sexual abuse actually occurred on the date in question. 3) Both Fabia and his mother have promised to have no contact with Domantay until she reaches age 22, and Domantay is informing the prosecutor and court of her desire to withdraw the complaint and have the case dismissed with prejudice.
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REPUBLIC OF THE PHILIPPINES)

CITY OF DAGUPAN ) S.S.


x-----------------------------------------x

AFFIDAVIT OF DESISTANCE

I, DIANNE Z. DOMANTAY, 15 years old, single, and a resident of #42 Tambac


District, Dagupan City, with the assistance of my mother FLORELLE IDA Z.
DOMANTAY, after having duly sworn to in accordance with law hereby depose and state:

1. I am the complaining witness for Violation of Article III, Section 5(b) of RA No.
7610 against GEORGE LOUIE FABIA in the case entitled "The People of the Philippines
versus George Louie Fabia", Criminal Case No. 2019-0056-D, Regional Trial Court,
Branch No. 43, City of Dagupan.

2. After my sober and soul searching assessment and analysis of the incident, I have
realized that the filing of this case was due to misunderstanding between me and George
Louie Fabia. In fact, on the date of the alleged incident I was having my monthly
menstruation, and we were just having conversation at that time.

3. The filing of the abovementioned case was against my will and consent as no
sexual abuse was really transpired. With the foregoing, I am now recanting my testimony
given before this court against George Louie Fabia.

4. George Louie Fabia and his mother Catherine Fabia already promised me and my
family that he would no longer see me until such time that I reached the age of 22 years
old.

5. I hereby inform the City Prosecutor of Dagupan that I am withdrawing my


complaint for Violation of Article III, Section 5(b) of RA No. 7610 in Criminal Case No.
2019-0056-D entitled "The People of the Philippines versus George Louie Fabia ",
Criminal Case No. 2019-0056-D, Regional Trial Court, Branch No. 43, City of Dagupan.

6. I likewise request the Regional Trial Court, Branch No. 43, City of Dagupan to
dismiss with prejudice the said criminal case.

IN WITNESS WHEREOF, I hereby set my hand this 26th day of March 2019 at the
City of Dagupan.

DIANNE Z. DOMANTAY
Complaining Witness

With the Assistance of:

FLORELLE IDA Z. DOMANTAY


Mother

SUBSCRIBED AND SWORN to before me this 26th day of March 2018 at the City
of Dagupan, Philippines.

ADMINISTERING OFFICER

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