Saturday, February 18, 2017

Affidavit of Desistance



REPUBLIC OF THE PHILIPPINES   )
CITY OF (PLACE)                             ) S.S.


AFFIDAVIT OF DESISTANCE


I, (Name of Affiant), of legal age, married, and a resident of (Address of Affiant), after having been duly sworn to in accordance with law hereby depose and state - THAT:

1.      I am the Complainant in the complaint for Grave Oral Defamation and Slight Physical Injuries entitled (“Title of Case”), NPS Doc. No. (Docket Number), Office of the City Prosecutor, City of (Place), Philippines;

2.      In my Complaint Affidavit, I have accused (Name of the Respondent/Accused), the respondent in this case, of Grave Oral Defamation and Slight Physical Injuries;

3.      After my sober and soul searching assessment and analysis of the incident, I have realized that the said incident I earlier narrated in my Complaint-Affidavit was a result only of misapprehension of facts and misunderstanding between me and respondent. I cannot point out without a doubt respondent or any other person/s who defamed me and/or inflicted harm against me;

4.      Since I could not state with certainty and without doubt the liability of the respondent, in fairness to her, I am permanently withdrawing my complaint against her. I clear her of whatever responsibility or liability to me and that I am no longer interested, and I hereby desist, in prosecuting the said case;

5.      I hereby inform the Honorable City Prosecutor of (Place) that I am withdrawing my Complaint for Grave Oral Defamation and Slight Physical Injuries in the case entitled (“Title of Case”), NPS Doc. No. (Docket Number), Office of the City Prosecutor, City of (Place), Philippines;

6.      I likewise respectfully request the Office of the City Prosecutor, City of (Place), in view of the Affidavit of Desistance executed by both parties to this case, to dismiss with prejudice the said case.


IN WITNESS WHEREOF, I hereby set my hand this (Day) of (Month) (Year) at the City of (Place), Philippines.


(Name of Affiant)
Complainant-Affiant



SUBSCRIBED AND SWORN to before me this (Day) of (Month) (Year) at the City of (Place), Philippines.



Public Prosecutor