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complainant/witness of an ongoing case went abroad

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wrainne


Arresto Menor
hello po, i just want to know kung anong pwedeng gawin in case a complainant/witness of an ongoing case in RTC went abroad. Before he went to Saudi, nag file po sya ng affidavit of desistance sa fiscal ng RTC branch nila. But he never had the chance na sumpaan ung affidavit nya since he was already abroad. Ano po ung dapat gawin ng mga respondents para ma-dismiss yung kaso nila? Thanks po Smile

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attyLLL


moderator
talk to the prosecutor if they will accept an affidavit of desistance signed by the complainant and notarized at the philippine embassy.

if not, no choice but to go through a series of hearings and then have the case dismissed for violation of right to speedy trial.


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wrainne


Arresto Menor
i need to make an affidavit of recantation, but i dont know how. i need to retract statements i had previously made. need help...thanks

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attyLLL


moderator
did you make those on the witness stand?


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wrainne


Arresto Menor
yes po. i had finished my statement pero d ko po idiniin ung kinucomplain ko. naaawa n po kc ako s kanya dahil 3 years n syang nakakulong dahil sa reset ng hearings namin. i already talked to our fiscal, ayaw po nyang pumayag na i urong naming magkapatid ung kaso. here's the scenario sir, 3 po clang kinomplain namin, 4 po kaming complainant 4 lrge scle illegal recruitment and estafa. ung isa pong ksama nmin, ngpunta n ng saudi last year, but before he left, nag affidavit of desistance po cya s fiscal, but he wasnt able to swear his desistance. then, ung isang lalaki po, nag open court manifestation that he is not interested on the case anymore, kya dalawa n lang po kami ng kapatid ko. i was able to finish my testimony, ung kapatid ko n po ang susunod na uupo, pero ayaw n po nya dahil nga 3 years na tong case na to at hindi nman ung dalawang nakakulong ang gusto nming habulin kundi ung nagtagong kasama nila. help us sir, naaawa na po ako sa mga anak nung kinomplain namin

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attyLLL


moderator
if the prosecutor doesn't want to do it, there's nothing you can. in a criminal case, you are just a private offended party. the real complainant is the People of the Philippines, which the prosecutor represents. it's not up to you.

the problem with an affidavit of recantation is that you can be prosecuted for perjury for your statements on the witness stand which you are now saying are not true.

on the other hand, what you can do is allege that there was a settlement which is allowed in estafa cases.


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wrainne


Arresto Menor
the affidavit of recantation was actually advised by the prosecutor. what i am so concerned about is that, will he prosecute me of perjury in case i make my retractions? or will it be easier if i just go into the witness stand again and retract all my previous statements?....thanks....

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attyLLL


moderator
what are the charges that were filed?

the problem here is that you can be charged with perjury if you now say that what you previously said was untrue.

if this is estafa or bp 22, a compromise can be reached.


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9 illegal recruitment and estafa on Sun Nov 13, 2011 11:48 am

wrainne


Arresto Menor
we charged them for illegal recruitment and estafa sir

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attyLLL


moderator
then compromise is possible for the estafa.


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11 sir, will they be immediately released? on Mon Nov 21, 2011 7:52 pm

wrainne


Arresto Menor
gud pm sir. i just want to ask if they will be immediately released if in any case the affidavit of recantation is honored? Can i submit my affidavit of recantation directly to the judge or do i have to submit it first to the fiscal/prosecutor?...thanks and God Bless. More power sir...

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