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Republic of the Philippines

Department of Justice
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
Makati City

AFFIDAVIT OF DESISTANCE

WE, FERDINAND M. CASTRO and ROWENA A. CASTRO, Filipinos, of


legal ages, husband and wife, respectively, and residents of 106 Sisa Street,
Sampaloc, Manila after having been duly sworn to in accordance with law,
depose and state:

1. We are the private complainant in a criminal case for Reckless Imprudence


Resulting to Damage to Property against Joel O. Castillo docketed as IS No.
XV-05-INV-10G-01000 before the Office of the City Prosecutor, Makati City

2. In this regard, the accused has already paid the damage to our vehicle;

3. In view of the payment by the accused and considering that Rowena A.


Castro was not injured, we would like to manifest that we now completely
and absolutely exonerate the accused from any liability in connection with
the above-mentionedcriminal case and that we are no longer interested, and
we hereby desist, in prosecuting the said criminal case;

4. As such, we respectfully pray that the aforementioned case against Joel O.


Castillo be withdrawn and/or dismissed.

IN WITNESS WHEREOF, we have hereunto set our hands


this ___________________ in _______________, Philippines.

FERDINAND M. CASTRO ROWENA A. CASTRO


Affiant Affiant
Philippine Passport No. _____ Philippine Passport No. _____
Issued at: ________________ Issued at: ________________
Issued on: ________________ Issued on: _______________

SUBCRIBED AND SWORN TO before me


this ___________________ in _________________, Philippines, affiants
exhibiting to me their valid proofs ofidentification.

Doc. No. _____;


Page No. _____;
Book No. _____;
Series of 2013.
AFFIDAVIT OF DESISTANCE

REPUBLIC OF THE PHILIPPINES )


_____________________________ ) SS.

I, _____________________________, Filipino, of legal age, single/married


to _____________________________, and a resident
of _____________________________, after having been duly sworn in accordance
with law, hereby depose and say:

1. I am the complaining witness for _____________________________ against


_____________________________ in the case entitled
"_____________________________", Criminal Case No. _________, (court branch);

2. (Give the reason/s for the desistance here, e.g., for B.P.
22 violation, "That in view of the payment in full by the accused, I
would like to manifest that I am no longer interested in the
prosecution of the aforementioned criminal case.")

3. I am respectfully requesting the Honorable Public Prosecutor to move for the


dismissal of the aforementioned case against the accused.

SUBSCRIBED AND SWORN to before me this ___ day of _______________ at


_____________, Philippines.

(Name)
Public Prosecutor
AFFIDAVIT OF DESISTANCE

REPUBLIC OF THE PHILIPPINES)


CITY OF MANILA ) S.S.

(the persons and circumstances below is fictional, please revise)

I, Juan del la Cruz, of legal age, single, and a resident of # 123 Main
St., Malate, Manila, after having duly sworn to in accordance with law hereby
depose and state:

1. I am the complaining witness for Serious Physical Injuries against


Jesus Santos in the case entitled "People of the Philippines versus Jesus
Santos", Criminal Case No. 12345, Metropolitan Trial Court, Branch No. 11,
City of Manila.

2. After my sober and soul searching assessment and analysis of the


incident, I have realized that because I was not wearing my eyeglasses and it
was dark, I can not point out, without a doubt the accused or any other
person/s who inflicted harm against me.

3. Since I could not state with certainty and without doubt the liability
of Jesus Santos, in fairness to him, I am permanently withdrawing my
complaint against him. I clear him of whatever responsibility or liability to
me.

4. I hereby inform the City Prosecutor of Manila that I am withdrawing


my complaint for Serious Physical Injuries in Criminal Case No. 12345
entitled"People of the Philippines versus Jesus Santos", Metropolitan Trial
Court, Branch No. 11, City of Manila.

5. I likewise request the Metropolitan Trial Court, Branch No. 11, City of
Manila to dismiss with prejudice the said criminal case.

IN WITNESS WHEREOF, I hereby set my hand this __ day of September


20__ at the City of Manila.

Juan de la Cruz
Complaining Witness

SUBSCRIBED AND SWORN to before me this 22nd day of January 20__ at


the City of Manila, Philippines.

Romeo Abad
Public Prosecutor
EPUBLIC OF THE PHILIPPINES)
CITY OF ..........................................)
AFFIDAVIT OF DESISTANCE
I , _ _ _ _ _ _ _ _ _ _ _ _ _ , o f l e g a l a g e s , F i l i pi n o, ( s i n g l e /
m a r r i e d / w i d o w ) , an d a resident of _____________,
Philippines, after having been duly sworn in accordance withlaw,
hereby depose and say: That I am the private complainant in the
criminal case entitled "_____________"for
_________________ docketed as _____________ before
_____________ TrialCourt, Branch _______, _____________
City, Philippines;
That after a thorough analysis of my memories of the
incident that occurred
on _____________________________, I have realized that I ca
nnot point out, beyondreasonable doubt that
the accused _____________, committed the above stated
crime of _____________ on ____________________, as it was
too dark to discern the features of the perpetrator with any
degree of certainty;
Since I could not state with certainty and without doubt the
liability of the
accused ____________________, I feel compelled to withdraw m
y complaint against him and I clear him of whatever responsibility
or liability to me;
T h a t i n v i e w o f th e f o r e g o i n g , I f i n a l l y m a n i f e s t t h a t I
n o w c o m pl e t e l y an d absolutely exonerate the accused
_____________ from any liability in connection with the
above-mentioned criminal case and that I am no longer
interested, and I hereby desist, in prosecuting the said criminal
case;
That I execute this Affidavit of Desistance so that the above-
mentioned criminal case be immediately dismissed and
considered finally closed and the bond posted by the herein
accused be released to him;
As such, I respectfully pray that the aforementioned case
against the Accused _____________ be dismissed and finally
closed. IN WITNESS WHEREOF, I have hereunto set my hand this
_____________ at _____________ City, Philippines.