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Arresting the suspect after filing/ signing of Affidavit of Desistance of the complainant

2 posters

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jubilum


Arresto Menor

Good day!

About four years ago, a relative of mine was accused of multiple counts of rape and child abuse (minor po ang biktima) after almost a year, we decided, as adviced by our lawyer, to settle the case through "paying the complainant" and have them sign an Affidavit of Desistance. In short, the complainant signed an Affifiddavit of Desistance.

My question Atty. is...is there still possibility that my relative (suspect) be arrested again with the same case...or maybe do the Affidavit of Desistance is enough to say that the case is TOTALLY over? If ever, is there a possibility that the affidavit be revoked? At ung arresting officer or iba pang tao ba ay pdeng i refresh ung kaso?

Many thanks and more power to you and this forum.

attyLLL


moderator

shouldn't you be asking your lawyer? he is in a better position to answer your question. It is final if there is a dismissal order by the court or by the prosecutor. the mere signing of the affid of desistance is not enough for the case to be dismissed.

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jubilum


Arresto Menor

Salamat po Atty.

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