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Affidavit of Desistance

The affidavit details a private complainant desisting from further prosecution of a theft case against an accused named Benjamin Carino. The complainant realized the case arose from a misapprehension of facts and that it would be difficult to secure a conviction, so they no longer want to testify against the accused.
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0% found this document useful (0 votes)
53 views

Affidavit of Desistance

The affidavit details a private complainant desisting from further prosecution of a theft case against an accused named Benjamin Carino. The complainant realized the case arose from a misapprehension of facts and that it would be difficult to secure a conviction, so they no longer want to testify against the accused.
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)

Province of La Union) S.S


City of San Fernando)

AFFIDAVIT OF DESISTANCE
         I, AMANDO CASUGA, SR. y TADINA, Pilipino, 81 years old,
married, and presently residing at Brgy. Biday, San Fernando City, La
Union, Philippines, after having been duly sworn to in accordance with law,
depose and state:

1. That I am the private complainant in Criminal Case No. 6082 against


BENJAMIN CARINO for THEFT pending before the Regional Trial
Court of San Fernando City, La Union, Branch 29;

2. That after a careful evaluation of the facts surrounding the case, I


came to realize that the case arose out of misapprehension of facts;

3. That I have decided not to pursue the case against the accused
considering that under the circumstances, it will be extremely difficult
for the prosecution to secure conviction of the accused;

4. That because of the foregoing reasons, I am now desisting in the


further prosecution of the case and will no longer testify against the
accused;

5. That I attest to the truth of the foregoing and further declare that I
have voluntarily executed this affidavit and was not coerced or place
under duress.

IN WITNESS WHEREOF, I have hereunto set my hand this August 4,


2021 at San Fernando City, La Union, Philippines.
  

AMANDO T. CASUGA, SR.


Affiant

         SUBCRIBED AND SWORN TO before me this August 4, 2021 at


San Fernando City, La Union, Philippines. I hereby certify that I have
examined the affiant personally and that he voluntarily executed
his affidavit and understood the same.

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