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I need help about affidavit of desistance.

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1 I need help about affidavit of desistance. on Tue Sep 13, 2011 9:39 pm

isabeldv


Arresto Menor
My brother was caught shoplifting and a case of theft was filed on him. The grocery granted our request that the case be withdrawn. They want me to get the affidavit if desistnce at the city hall. But the police told me that the complainant must be the one to present it before going to the fiscal's office? What should I do? Thanks.

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joana


Arresto Mayor
yes the police is right.. yung complainant talaga ang kailangang mag process niyan.. kasi they will sign the affidavit of desistance then ipa file nila don sa korte..per0 pwede rin kay0ng sumama

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joana


Arresto Mayor
Hey i'm not a lawyer ha.. I just share my little knowing ..

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attyLLL


moderator
and i agree with joana


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joana


Arresto Mayor
.I'm learning on you Atty. thanks so much sa mga inf0. it's really a big help to me

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edp


Arresto Menor
Help po. If nag sign na ng affidavit of desistance yung complainant hindi na po ba sya pwede mag file ng case? thanks

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attyLLL


moderator
it depends on what is written on the affidavit.


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edp


Arresto Menor
Thanks for the reply. Nakasulat naman sa affidavit na not interested to pursue a case. Sa harap ng abogado nya sya nag sign then na notary naman. Maari po ba sya mag file ng case sa prosecutor's office? Thanks po ulit.

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attyLLL


moderator
if that's all he said, i will argue he can still file the case.


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10 Re: I need help about affidavit of desistance. on Tue Nov 01, 2011 8:22 pm

edp


Arresto Menor
thanks sir. Ano po ba dapat nakasulat para hindi na makapag file ng case? Ask ko lang din kung pwede ba na lawyer yung mag appear sa subpoena ng client? thanks

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11 Re: I need help about affidavit of desistance. on Thu Nov 03, 2011 1:55 am

attyLLL


moderator
it should be something that means that he made a mistake in accusing the respondent. counsel can appear, but he cannot be the one to execute an affidavit.


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12 Re: I need help about affidavit of desistance. on Sat Nov 05, 2011 3:41 pm

edp


Arresto Menor
thanks atty. my subpoena is RIRI.The complainant already signed an affidavit of desistance releasing me from responsibility before he filed the complaint. I was away from home when the complaint was served by the police. My cousin received it and informed me. It was stated in his statement that I didn't help with the hospital expenses for his 2nd operation of his fractured leg last july which is not true. We gave him money enough for his operation and medicines. He agreed and we let him sign an affidavit of desistance. After that I haven't heard anything from him until this october when the complaint arrived. Pls. advise me atty. I don't know what is the best thing to do. Can i ignore the subpoena since I didn't personally receive it? Do I have to go home to the province because I got this complaint? I'm working now here in manila and this is bothering me. I am thinking of not going home and just letting someone represent me to submit the affidavit of desistance to the prosecutor with the counter affidavit. Or can I reschedule the date which is on Nov. 9 to delay it so I can prepare for it? What should I do atty. Pls. help me. Thanks

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13 Re: I need help about affidavit of desistance. on Sat Nov 05, 2011 4:44 pm

attyLLL


moderator
you have to prepare a counter affidavit and submit the desistance. if it can't be done by 09 nov, then at least send someone to represent you at the hearing. don't ignore it.


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14 Re: I need help about affidavit of desistance. on Sat Nov 05, 2011 4:56 pm

edp


Arresto Menor
thanks so much atty sa pag reply agad. Do I need to submit the counter affidavit on nov 9? Or pwede po ba na affidavit of desistance muna on nov 9 then to follow nalang yung counter affidavit kasi dito ko nalang gagawin sa manila then mail it sa province to be submitted sa prosecutor.baka kasi ma late ng dating kasi holiday sa monday. In case po baka di dumating on nov 9. Also,do I have to present receipts na nakapagbigay ako ng pera sa kanya? Thanks po ng marami.

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15 Re: I need help about affidavit of desistance. on Sat Nov 05, 2011 5:04 pm

edp


Arresto Menor
Atty, what are my chances? thanks again.

Additional question po atty.Is it necessary na lawyer talaga mag represent sa akin on Nov 9 to submit the desistance? And pwede po ba mag punta yung representative ko before nov 9 sa prosecutor to present the desistance? O kelangan po talaga sa nov 9 lang?
Thanks po ng marami for your time!

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16 Re: I need help about affidavit of desistance. on Tue Nov 08, 2011 12:06 am

attyLLL


moderator
try to send a representative with the affid of desistance on 09 nov. hopefully the complainant will go also and affirm the affidavit.


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17 Re: I need help about affidavit of desistance. on Tue Nov 08, 2011 1:28 pm

edp


Arresto Menor
thanks so much for your help atty! hoping for the best tomorrow.

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18 Re: I need help about affidavit of desistance. on Thu Nov 10, 2011 9:05 pm

dmarkos


Arresto Menor
hi, ilang araw lang ba dapat makapagfile ka ng counter affidavit? im a civil engineer & i dont know anything about laws..yung younger brother ko kasi may kaso ngayun at nasa detention cell sya ngayun kasi isa sya sa suspek sa murder case na dinideny na man ng kapatid ko..paano ba mg.counter affidavit? your reply is highly appreciated..

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19 Re: I need help about affidavit of desistance. on Sat Nov 12, 2011 10:07 am

edp


Arresto Menor
usually submit the counter affidavit on the date naka set sa subpoena. Kung di kayo maka pag present on that date you can file motion for extension. 10 days yan. much better mag pa assist sa lawyer when making counter affidavit and motion for extension.

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20 Re: I need help about affidavit of desistance. on Sat Nov 12, 2011 1:03 pm

nemrac


Arresto Menor
helo po atty, ask ko lng po if binigyan tayo ng summon from barangay for confrontation, kalangan po ba talaga tayong pupunta? Pano po pag ininform ko ung barangay na hindi ako makakapunta kc may trabaho po ako, pwde po ba nla ako ipapik up kahit nagpareciv ako ng letter sa kanila na hindi ako makapunta? Different barangay po kami ng complainant. Tinawagan ko po ung complainant requesting them na pupunta ako sa office nila during saturday to settle my unpaid balance ng loan kc wla ako work ng saturday pero nag refused po sila kc gusto nila sa barangay kami mag confrontation.Tulungan nyo po ako atty parang hinaharass po kc ako ng complainant pati na sa barangay. Salamat po.

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21 Summon from Barangay on Sat Nov 12, 2011 1:11 pm

nemrac


Arresto Menor
helo po atty, ask ko lng po if binigyan tayo ng summon from barangay for confrontation, kalangan po ba talaga tayong pupunta? Pano po pag ininform ko ung barangay na hindi ako makakapunta kc may trabaho po ako, pwde po ba nla ako ipapik up kahit nagpareciv ako ng letter sa kanila na hindi ako makapunta? Different barangay po kami ng complainant. Tinawagan ko po ung complainant requesting them na pupunta ako sa office nila during saturday to settle my unpaid balance ng loan kc wla ako work ng saturday pero nag refused po sila kc gusto nila sa barangay kami mag confrontation.Tulungan nyo po ako atty parang hinaharass po kc ako ng complainant pati na sa barangay. Salamat po.

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22 Re: I need help about affidavit of desistance. on Sat Nov 12, 2011 11:46 pm

attyLLL


moderator
dmarkos, if he requests to file a counter affidavit, did the prosecutor finish the inquest?

nemrac, you can be cited for contempt, but if this is a company, you can argue that the bgy has no jurisdiction over corporations


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