The complainant in criminal cases against an accused for alleged violation of Batas Pambansa Bilang 22 is filing an Affidavit of Desistance to withdraw the cases. Upon re-evaluating the facts, the complainant realized they misunderstood and misappreciated the circumstances regarding payment for a crane. It appears the issues were actually regarding a different crane, not the one involved in the cases. The complainant no longer believes the accused committed the crime and is executing the affidavit of their own free will to seek dismissal of the cases.
The complainant in criminal cases against an accused for alleged violation of Batas Pambansa Bilang 22 is filing an Affidavit of Desistance to withdraw the cases. Upon re-evaluating the facts, the complainant realized they misunderstood and misappreciated the circumstances regarding payment for a crane. It appears the issues were actually regarding a different crane, not the one involved in the cases. The complainant no longer believes the accused committed the crime and is executing the affidavit of their own free will to seek dismissal of the cases.
The complainant in criminal cases against an accused for alleged violation of Batas Pambansa Bilang 22 is filing an Affidavit of Desistance to withdraw the cases. Upon re-evaluating the facts, the complainant realized they misunderstood and misappreciated the circumstances regarding payment for a crane. It appears the issues were actually regarding a different crane, not the one involved in the cases. The complainant no longer believes the accused committed the crime and is executing the affidavit of their own free will to seek dismissal of the cases.
AFFIDAVIT OF DESISTANCE (In Crim. Case Nos. ________, Municipal Trial Court in Cities)
I, _____, Filipino,of legal age, with offices at Barangay, Valencia, Ormoc
City, under oath depose and state that:
1. I am the private complainant in the case of _____ for Violation of
Batas Pambansa Bilang 22 docketed as Criminal Case Nos. ______________ pending before the Municipal Trial Court in Cities in Ormoc City;
2. After having been apprised of the circumstances surrounding the
payment of my 25 Tonner Crane and dishonor ("DAIF/Account Closed”) of the following checks: DRAWEE BANK CHECK DATE ISSUED AMOUNT NUMBER
3. It now appears that I misunderstood and misappreciated the facts.
It was the 45 Tonner Crane that malfunctioned and was defective and not the 25 Tonner Crane leading to the filing of these cases. Upon re-evaluation of the facts and evidence, I realized that it I filed the complaint simply from a misunderstanding of facts between me and the accused, which have now been clarified;
4. Accused did not commit the crime of Violation of Batas Pambansa
Bilang 22 and I hereby execute this Affidavit of Desistance and withdraw these cases;
5. That this affidavit is being executed by my own free will and
volition for the purpose of seeking dismissal or signifying my intention to refrain from further prosecution of _____ of the above crime of Violation of Batas Pambansa Bilang 22, and hereby waive all rights and claims pertaining to said incident now and hereafter; 6. That the foregoing statements have been fully understood and that the same are true and correct to the best of my knowledge and belief.
7. I am executing this affidavit to attest to the truthfulness of the
foregoing.
Affiant
CERTIFICATION
I hereby certify that I have personally examined the affiant and I am
satisfied that he voluntarily executed and understood her Affidavit of Desistance.