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Affidavit of Desistance

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1 Affidavit of Desistance on Mon Oct 14, 2013 5:33 pm


Arresto Menor
Good day.  I'd like to be guided regarding the process of desistance.

We have an existing case RA 7610 (slight physical injury), my son vs. his aunts, my sister in law and her cousin.

After filing the case last 2011 they approached me during our pre-trial last July of this asking for forgiveness.   I would like to consider that they are sincere with everything that they have said, and is trying to consider their plea, of course with my son’s approval who was 13 years old when he was physically and verbally hurt.

Their private lawyer already drafted an affidavit of desistance, on my son’s behalf.  And to my surprise that’s how it is po pala(?) That as if everything were tweaked, that what my son said were not true etc.  Is that how a desistance work?  And they stated that we can no longer file a case of the same in the future.  I did not agree with their draft affidavit, hence told them to ask their lawyer to create different versions that “both” parties will agree on, hindi po yung parang one sided lang at kami ang nagkamali.
Wala naman po kaming napag usapang kapalit at all, though my son requested na sana tulungan sila ng mga kapatid nya with their needs and expenses, pero mabilis po ang reply ng accused na di po nila responsibilidad yun... I have been separated with my children’s father (brother of the accused) and he hasn’t been supporting my children.  I have been a sole provider for my children for the past 6 years. Wala din po kaming private lawyer to consult with, though mabait naman po yung fiscal na nakaassign, but I cannot afford to take a leave every now and then, to ask for advise kasi po makakaltasan ako sa sweldo ko  and he is too busy po, minsan I had to wait for 3 hours bago sya makausap and so I decided to check online praying for assistance until I came across this site.

Hopefully you can assist me and enlighten me...
Una po, ganun po ba talaga ang dapat na content ng “desistance”? Sinabi ko naman po na kahit di naman ilagay na humingi sila ng tawad at pakikipagkasundo (bec. According to their lawyer di daw po yun pwede ilagay) I must be honest po na masyadong naging apektado ang anak ko together with his other siblings sa mga nangyayari sa amin, nakita ko naman po sinseridad ng kabilang panig, pumunta po sila sa bahay at humngi ng tawad sa harap ng mga bata as I requested at syempre po gusto ko din naman na kahit paano magkaroon ng katahimikan at tuldok ang lahat for my children’s sake, yet gusto ko din po na kahit paano fair po ang dokumento.
Valid po ba yungrequest ng anak ko na sana naman tulungan sila ng mga kapatid nya? Nung nagyari po  pala ang insidente pinag aaral sya ng ama nya, at inihinto po after at tumira sa akin ang panganay kong anak (two kids stayed with me since I separated from their father). If ever valid isinasama po bay un sa document?
I hope to hear from you po.

God bless!

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2 Re: Affidavit of Desistance on Fri Oct 18, 2013 7:31 pm


unfortunately, affidavits of desistance are like that. i try to keep it vague and say 'misapprehension of facts'.

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