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release of claim and desistance signed before he filed a RIR.

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Ploraiyda


Arresto Menor
My insurance provider already paid the victim for physical injury and the victim already signed the release of claim and affidavit of desistance (stated -  that he is no longer interested to pursue civil and criminal action and the said incident was purely accidental), by the way the victim was not admitted (OPD) and both documents were not notarized (the insurance adjuster prepared all the documents), signed by the victim's wife as a witness (during the settlement there was no complaint or case filed nor police report about the incident). After several weeks, the victim called me up and asking for additional 70k cash. He told me if i will not give the additional funds, he will file a criminal case reckless imprudence resulting to serious physical injury against me because he found out after his second checkup, after several days he need to undergo sa knee surgery.

Me and my insurance provider paid the hospital bills, medicines and medications needed (all supported by an Official Receipt). Can the victim still file a criminal case against me even he already executed and signed the release of claim and the affidavit of desistance? Please enlighten me atty. Thank you and God bless.

Please enlighten me Atty.



Last edited by Ploraiyda on Thu Aug 23, 2018 10:28 pm; edited 3 times in total (Reason for editing : information correction.)

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