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1 Desistance on Mon Nov 12, 2012 7:04 pm


Arresto Menor
Atty ask ko lang po.. ako po ang nireklamo.. napadalan na po ako ng resolution.. after po nun hindi ko po nasagot un kasi po nakipagayos na po ako sa complainant.. tapos may dumating po na order sakin, bale my arraignment na nga daw po kami sa dec. 3.. tulad po ng nasabi ko.. nagkaayos na po kami at magpapasa na po sya ng desistance.. ano po ba ang pinakamagandang gawin? salamat po..

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2 Re: Desistance on Sat Nov 17, 2012 10:49 am


the desistance has to be done in front of the prosecutor assigned to the court, and it should be before the arraignment. that way it will be dismissed after you plead not guilty.

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3 Re: Desistance on Mon Nov 26, 2012 10:10 pm


Arresto Menor
posible po ba na madismiss na ung kaso nun after na maipasa na ung desistance? and my posible pa din po ba na tumuloy ung kaso kahit nagpasa na ng desistance? salamat po atty.

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4 Re: Desistance on Tue Nov 27, 2012 4:53 pm


Arresto Menor
@shiningserpent: like what atty said;;;sa harapan ng piskalya na mag plea-plead ka ng not guilty;;;;after that,,,CASE DISMISSed,,desistance na yun,,,,iniurong na yung complainant yung kaso against i right atty?

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5 Re: Desistance on Tue Nov 27, 2012 5:12 pm


Reclusion Perpetua
The affidavit of desistance is effective only for the extinguishment of the civil liability in the criminal action. Criminal is not extinguished upon signing and agreement to the desistance.

Under the law, when you file desistance it has no effect in the criminal action. This is a misnomer and sometimes misleading.

The only way to have the criminal liability extinguished are the following:

Art. 89. How criminal liability is totally extinguished. — Criminal liability is totally extinguished:
1. By the death of the convict, as to the personal penalties and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender occurs before final judgment.
2. By service of the sentence;
3. By amnesty, which completely extinguishes the penalty and all its effects;
4. By absolute pardon;
5. By prescription of the crime;
6. By prescription of the penalty;
7. By the marriage of the offended woman, as provided in Article 344 of this Code.

For you to extinguish the criminal liability is very hard to do once the criminal charge is now under court control. The case would be submitted presenting all the evidences and an order shall be promulgated again based on the evidences presented. Desistance has no effect during the lifetime of the criminal proceedings.

In criminal action you can only quash the information based on the valid grounds stated on criminal procedure. In this wise, the remedy is go to trial and prove that you are not guilty.

There are also remedies, you can ask the offended party to convince him and to convince the fiscal that the offense was a mistake which is one of the valid grounds on the quashal of information. Then only the case can be dismissed formally.

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6 Re: Desistance on Tue Nov 27, 2012 6:04 pm


Arresto Menor
how about the unjust vexation? nagkaayos na kmi ng complainant, my arraignment na po kami next week.. at magpapasa na sya ng desistance sa fiscal then magkikita kami sa arraignment.. ano po ang pinakamagandang gawin pra madismiss na ung kaso.. bale ang nakalagay kasi sa "ORDER" people of the phils vs..

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7 Re: Desistance on Tue Nov 27, 2012 9:56 pm


Reclusion Perpetua
As I have mentioned desistance has no effect in the criminal complaint, pag kinasa na ni Fiscal yan tuloy tuloy na po yan. Ginagawa lang ni Fiscal ang work nia. Kaya no bearing po ung affidavit of desistance.

Eto po ang mga grounds to quash the information or complaint, then the case can be formally dismissed

Sec. 3. Grounds. – The accused may move to quash the complaint or information on any of the following grounds:
(a) That the facts charged do not constitute an offense;
(b) That the court trying the case has no jurisdiction over the offense charged;
(c) That the court trying the case has no jurisdiction over the person of the accused;
(d) That the officer who filed the information had no authority to do so;
(e) That it does not conform substantially to the prescribed form;
(f) That more than one offense is charged except when a single punishment for various offenses is prescribed by law;
(g) That the criminal action or liability has been extinguished;
(h) That it contains averments which, if true, would constitute a legal excuse or justification; and
(i) That the accused has been previously convicted or acquitted of the offense charged, or the case against him was dismissed or otherwise terminated without his express consent.

Ang pinakamagandang gawin dian agad is kumuha ka agad ng lawyer to advise you what remedies do you have and what actions can be done to dismiss it. Tapos pang tapat nia kay Fiscal.

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8 Re: Desistance on Tue Nov 27, 2012 9:57 pm


Reclusion Perpetua
Dapat kasi settle ninyo muna sa Barangay hindi na pinaabot kay Fiscal.

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9 Same aspect on Fri Jan 11, 2013 8:48 am

pangkaraniwang tao

Arresto Menor
Mag fifile po ng desistance ang complainant dahil ayaw na daw po nya ituloy

ang anak ko po ay minor (17)
Under Custody ng Molave Qc since Dec26th
Nakasked ng Arraingment sa Jan 18 2013
May chance na di na pupunta ang legal counsel atty namin dahil may ibang lakad na di na makancel.

Ano po maganda naming gawin..salamat po..

ang topic nato ay nasa new topics din po na nasa taas..

Salamat po..sana ay mabigyan nyo po kami ng advice

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