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    Affidavit of Desistance-Frustrated Homicide

    Uploaded by

    Rothea Simon
    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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    Affidavit of Desistance-Frustrated Homicide

    Uploaded by

    Rothea Simon
    2K views2 pages
    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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    Desistance Frustrated Homicide

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    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.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    2K views2 pages

    Affidavit of Desistance-Frustrated Homicide

    Uploaded by

    Rothea Simon
    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.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    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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