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Affidavit of Desistance

The affidavit describes a complainant withdrawing a complaint filed with the Office of the Ombudsman against several NCIP officers. The complainant realized the allegations in the original complaint were due to a misunderstanding of facts and law and that the actions of the respondents were within their duties. The complainant requests the case be dismissed with prejudice.

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Carlo Caramto
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44 views3 pages

Affidavit of Desistance

The affidavit describes a complainant withdrawing a complaint filed with the Office of the Ombudsman against several NCIP officers. The complainant realized the allegations in the original complaint were due to a misunderstanding of facts and law and that the actions of the respondents were within their duties. The complainant requests the case be dismissed with prejudice.

Uploaded by

Carlo Caramto
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 TARLAC ) ) S.S.

AFFIDAVIT OF DESISTANCE AND NO INTEREST TO


PURSUE THE CASE

I, OSCAR B. RIVERA, of legal age, Filipino, married, and a resident


of Sitio Quadra, San Vicente Bamban, Tarlac after having been duly sworn
to in accordance with law hereby depose and state - THAT:

1. I am the private Complainant in the complaint for Violation of


Section 3(e), of Republic Act No. 3019, otherwise known as the
Anti-Graft and Corrupt Practices Act with the Office of the
Ombudsman For Luzon which was received by the Division on
August 17, 2022,
2. In my Complaint Affidavit, I have accused NCIP Tarlac Provincial
Officer Eng. MICHAEL H. BALDONADO and NCIP Service Center
Chief of Pampanga KEVIN CONSTANTINE R. FONSECA, NCIP
Service Center Chief of JESSIE M. AGUILAR, Acting NCIP
Regional Director ATTY. ROMAN A. ANTONIO, and NCIP
Chairperson ALLEN CAPUYAN, the respondents in this case, for
Violation of Section 3(e), of Republic Act No. 3019, otherwise
known as the Anti-Graft and Corrupt Practices Act;
3. After my sober and soul searching assessment and analysis of
the case, I have realized that the allegations that I earlier
narrated in my Complaint-Affidavit was a result only of
misapprehension of facts and law brought about my desire to
indict them of an offense which I myself cannot understand and
for in fact it was never explained to me by my counsels. It is
without doubt that the actuations made by the respondents
were merely in the fair exercise of their mandates for public
service as I realized that my complaint against them has no
basis in fact and in law and that it contains no cause of action, it
was not supported by proofs, and they never cause injury
against the government;
4. Since I could not state with certainty and without doubt the
liability of the respondents, in fairness to them, I am
permanently withdrawing my complaint against them. I clear
them of whatever responsibility or liability to me and that I am
no longer interested, and I hereby desist, in prosecuting the
said case;
5. That I strongly manifest and reiterate that the charges which I
earlier filed against NCIP Tarlac Provincial Officer Eng. MICHAEL
H. BALDONADO and NCIP Service Center Chief of Pampanga
KEVIN CONSTANTINE R. FONSECA, NCIP Service Center Chief of
JESSIE M. AGUILAR, Acting NCIP Regional Director ATTY.
ROMAN A. ANTONIO, and NCIP Chairperson ALLEN CAPUYAN
shall be dismissed because of the absence of proof. It is with my
direct knowledge that the documents attached in my complaint
were relied merely on allegations, suppositions and conjectures
and hence my previous complaint has no leg to stand;
6. I hereby inform the Honorable Office of the Ombudsman that I
am withdrawing my Complaint for Violation of Section 3(e), of
Republic Act No. 3019, otherwise known as the Anti-Graft and
Corrupt Practices Act as I also affirm under oath that I will not
be attending any investigation regarding my complaint as well
as I will not identify the complaint as mine considering that my
complaint is devoid of justification after my realization that their
actuations are all in consistent with the general course of their
functions as NCIP officers and all in accordance with law with a
proper purpose;

7. I likewise respectfully request the Honorable Office of the


Ombudsman, in view of this Affidavit of Desistance executed by
me, and treat it as my motion to manifest my disinterest to
pursue the case and finally to dismiss with prejudice the said
case.

IN WITNESS WHEREOF, I hereby set my signature this ___ th day of


________ at the City of Tarlac, Philippines.

OSCAR B. RIVERA
Complainant-Affiant
Driver’s Lic. No CO6-18-824439
Sitio Quadra, San Vicente
Bamban Tarlac

SUBSCRIBED AND SWORN to before me this


___________________at the City of Tarlac, Philippines.

NOTARY PUBLIC
Doc. No.____
Page No.____
Book No.____
Series of 2022

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