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Affidavit of Desistance-Frustrated Homicide

This document is an affidavit of desistance from two complainants in a criminal case of frustrated homicide against the accused. In the affidavit, the complainants state that they have agreed to a civil settlement with the accused where he will pay 20,000 pesos, with an initial payment of 3,000 pesos and subsequent weekly installments of 500 pesos. As the accused is also their nephew, they wish to forgive him and no longer pursue the criminal case now that the civil matter is resolved. They also note he has already spent 8 months detained. Therefore, they request the case be provisionally dismissed and the accused be released from detention.

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Rothea Simon
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3K views2 pages

Affidavit of Desistance-Frustrated Homicide

This document is an affidavit of desistance from two complainants in a criminal case of frustrated homicide against the accused. In the affidavit, the complainants state that they have agreed to a civil settlement with the accused where he will pay 20,000 pesos, with an initial payment of 3,000 pesos and subsequent weekly installments of 500 pesos. As the accused is also their nephew, they wish to forgive him and no longer pursue the criminal case now that the civil matter is resolved. They also note he has already spent 8 months detained. Therefore, they request the case be provisionally dismissed and the accused be released from detention.

Uploaded by

Rothea Simon
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 ___
_________________

The People of the Philippines CRIM CASE NO. _____


Plaintiff,

-versus-
______________________ FOR: FRUSTRATED HOMICIDE
Accused.
x------------------------------x

AFFIDAVIT OF DESISTANCE

We, ___________ and __________, of legal age, Filipino, married,


and a resident ____________, after having duly sworn to in accordance with
law declares that:

1. We are the complainants and victim in the above-captioned


criminal case for FRUSTRATED HOMICIDE against the accused
___________;

2. The civil aspect of this case had already been agreed in the
amount of Twenty Thousand Pesos (Php 20,000.00). The
Accused will pay the initial amount of Three Thousand Pesos
(Php 3,000.00) and the remaining balance will be paid by
installment in the amount of Five Hundred Pesos (Php 500.00)
per week. The said payment will commence upon the release of
the accused. As such, we are no longer interested in pursuing
the criminal aspect of this case;

3. We are therefore vouluntarily desisting from further prosecuting


the criminal aspect of the instant case against the accused since
we have also forgiven him being our nephew;

4. Considering also that the accused has been detained in prison for
Eight (8) months, We believed that he already suffered the act
he did against his uncle (___________);

5. We and the accused agreed that the above-entitled case be


provisonally dismissed and that the latter be released from
continued detention;

6. We have cause to execute this Affidavit of Desistance to attest to


the truth of the foregoing statement, of our own freewill and
volition, solely for the purpose of seeking the provisional
dismissal of the instant case. We therefore signify our intention
not to further prosecute the same against the accused ______,
and by virtue of this voluntary desistance, I hereby waive in
perpetuity all my rights and claims appertaining thereto.

IN WITNESS WHEREOF, we have set our hands this________,


________, Philippines.

_________________________
Complainant/Victim Complainant

SUBSCRIBED AND SWORN to before me this__________, at


_______, Philippines.

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