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Technical English 2

An affidavit of complaint is a sworn statement made by an individual filing a legal complaint against another person or entity. It contains details of the alleged offense and serves as evidence for the prosecution. An affidavit of desistance is a sworn statement by the complainant saying they no longer wish to pursue the complaint. Both affidavits can be used as evidence in court proceedings, with the affidavit of complaint used by prosecution and the affidavit of desistance used by the defense. The improper use of these affidavits can potentially lead to injustices if false accusations are made or legitimate complaints are withdrawn.

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244 views

Technical English 2

An affidavit of complaint is a sworn statement made by an individual filing a legal complaint against another person or entity. It contains details of the alleged offense and serves as evidence for the prosecution. An affidavit of desistance is a sworn statement by the complainant saying they no longer wish to pursue the complaint. Both affidavits can be used as evidence in court proceedings, with the affidavit of complaint used by prosecution and the affidavit of desistance used by the defense. The improper use of these affidavits can potentially lead to injustices if false accusations are made or legitimate complaints are withdrawn.

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hahak dog
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TECHNICAL ENGLISH 2- (LEGAL FORMS)- REPORT

AFFIDAVIT OF COMPLAINT

Learning objectives:

To explain what is affidavit of complaint and why may like an affidavit of


complaint
To discuss the parts, format and purpose of affidavit of complaint

What is an Affidavit?

It is a sworn statement from an individual which is sworn to be true.


It is a formal written statement of facts voluntarily made by an affiant under
an oath or a public official such as the notary public or a person authorized
to do so. It will be used to prove the truthfulness of a certain statement in
court.

What is a complaint?

Complaint is a sworn written statement charging a person with an offense,


subscribed by the offended party, any peace officer or other public officer
charged with the enforcement of the law violated.

What is an affidavit of complaint?

An affidavit of complainant is a sworn statement made by an individual who


has filed a complaint against another person or entity. This document
contains the details of the alleged offense and is used as evidence in court.

The affidavit of complainant is a crucial document in any legal proceeding.


It serves as evidence for the prosecution and provides the necessary
details of the alleged offense. The document must be signed and notarized
to be considered valid.

A complaint affidavit is a sworn statement prepared by someone who


wishes to file a legal complaint.

This complaint may be filed in the prosecutor’s office. Filing of the


complaint is necessary to conduct preliminary investigation. The persons
who may file a criminal complaint are the offended party refers to the
person against whom or against whose property the crime was committed,
any peace officers refer to any members of the Philippine National Police,
and other public officer charged with the enforcement of thelaw violated
refers to person in the government services ( ex. Authorized BIR
agents,Customs Agent, etc
The following are the parts of an Affidavit of Complaint

The name of the accused


The designation of the offense by the statute
The acts or omissions complained of as constituting the offense
The name of the general offended party
The approximate time of the commission of the offense
The place wherein the offense was committed.

Purpose of the affidavit of complaint


The complaint affidavit becomes the basis for the case, providing basic
information about the facts of the matter and outlining the nature of the
case.
TECHNICAL ENGLISH 2- (LEGAL FORMS)- REPORT

AFFIDAVIT OF DESISTANCE

What is affidavit of Desistance?

An Affidavit of Desistance is a written statement under oath by the


complainant saying that he / she is no longer interested in pursuing a
complaint or criminal case against another person.
The Affidavit of Desistance is filed before the office or court where the
complaint is pending or being investigated.
An affidavit of desistance is equally important in legal proceedings. It
serves as evidence that the complainant no longer wishes to pursue
charges against the accused. The document must also be signed and
notarized to be considered valid.
In the affidavit, the complainant must state their reasons for withdrawing
the complaint. This could be due to a change of heart, lack of evidence, or
a settlement between the parties involved.

When do you need an Affidavit of Desistance?

An Affidavit of Desistance is needed when you are no longer interested in


pursuing a complaint or criminal case against another person. This can be
for a variety of reasons, such as:

 You have already amicably settled with the other person;


 You are no longer willing to spend either time or effort in prosecuting the
other person; and
 You realized that you filed the complaint or criminal case against the
wrong person.
 In such cases, you file the Affidavit of Desistance to show the
investigating officer or judge that you are no longer interested and want
to have the complaint or criminal case dismissed.

What information do you need to create the Affidavit of Desistance?

 To create your Affidavit of Desistance you’ll need the following minimum


information:
 The type of entity of the complainant (e.g. individual or business) as well
as name and details (e.g. nationality and address);
 The type of entity against whom the complaint or criminal case was filed
(e.g. individual or business) as well as name and details (e.g. nationality
and address); and
 Brief description of the complaint or criminal case (e.g. the crime
involved, complaint or criminal case number, etc.)
USE IN COURT PROCEEDINGS

Both affidavits are admissible in court as evidence. The affidavit of


complainant is used by the prosecution to prove the guilt of the accused,
while the affidavit of desistance is used by the defense to show that the
complainant no longer wishes to pursue charges.

It is important to note that the filing of an affidavit of desistance does not


automatically result in the dismissal of charges. The decision to drop
charges lies with the prosecutor and the judge.

IMPACT ON CRIMINAL JUSTICE SYSTEM

The use of affidavits in criminal proceedings can have a significant


impact on the criminal justice system. Affidavits of complainant help ensure
that those who commit crimes are held accountable for their actions, while
affidavits of desistance allow for second chances and forgiveness.

However, the improper use of these documents can also lead to


injustice. False accusations can ruin lives, while the withdrawal of
legitimate complaints can result in criminals going unpunished. It is
essential to use affidavits responsibly and with integrity.

In conclusion, affidavits of complainant and affidavits of desistance are


crucial documents in legal proceedings. They serve as evidence and can
have a significant impact on the outcome of a case.

It is important to use these documents responsibly and with integrity to


ensure that justice is served. Whether accusing or forgiving, the power of
these affidavits should never be taken lightly.

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