affidavit of desistance

salamat ah sa mga legal advice moh?.anong agreement nmn ung sa philippine mediation center?. at san nmn un.. salamat tlga ng marami.

office of philippine mediation center is normally where the courts are. good luck.

salamat

Hi to all in this forum...ask ko lang sana ung anak ko nakasohan ng rape (he's in jail now) dahill nabuntis nya ung 17 yrs old girl.I talked to the parents and they agreed for the 'areglo' that i have to pay them for some amount. we are in process to get the 'affidavit of desistance' at kylangan maisubmit before the araignment day on Nov. 19. tanong ko po kaylangan pa ba ng anak ko (accused) ng lawyer?. second po, may cnasabi po cla na kylangan pa ng amicable settlement, bakit meron pang ganon? di ba kaya nga cla magfile ng affidavit is to prove that my son is not guilty. Im confused please advice....Thanks

please, anybody can give me advice?

i would not recommend an amicable settlement in writing because that can be construed as admission of guilt. who is saying one is required?

what i would do is to bring the draft of the affidavit of desistance to the prosecutor and inquire whether he will be satisfied. if you do not get your own lawyer, i recommend that you at least get advice from the PAO. good luck.

Thank you po Sir sa legal advice nyo, it really helps me to understand legal matters. ung complainant po ang nagsabi that they required amicable settlement. we will try the Affidavit of Desistance without the amicable settlement, we hope and pray that it will work.
Thank u po ulit Sir malaking tulong po itong forum nyo. God Bless

Sir, gusto ko lang po maliwanagan, kc don po sa areglo para magfile ng affidavit of desistance ung complainant, they are asking me to pay them in advance which i did not agree, i am afraid that once they get the money they will change their mind and back out or we canot access them when their appearance or signature is needed. so i give them an offer that after they signed the affidavit i wil pay 50% and another 50% after their oathtaking in court that they are withdrawing the case.
My question Sir:
1. After oathtaking or 'panunumpa' cgurado na po ba madidismiss ung kaso or may possibility pa na hindi mkalabas ang anak ko?
2. Is there any processing pa ba na kaylangan ang signature nila after panunumpa?

Many thanks again and God Bless you all, malaking tulong talaga itong forum nyo

no, it is not automatic. in fact the doctrine is that affidavit of desistance are not looked upon with favor, but are still considered if affirmed in open court.

this is why i recommend that you talk to the prosecutor about this plan.

thanks again atty

atty magulo po talaga, napunta na nman po kami sa motion for mediation, ask ko lang po kung applicable ba ung motion for mediation sa kaso ng anak ko?

who is pushing for mediation? do you mean it is being referred to the phil mediation center?

is this not rape? it is not compromisable.

atty, please let me understand what is the meaning of probationary dismissal?

perhaps you mean provisional dismissal? a case can be dismissed with the consent of the accused, but the case can be revived within 2 years, after which it is deemed dismissed permanently.

sorry...provisional dismissal

Atty,
Since that i am here abroad, i'm not able to see the prosecutor to ask an advice regarding the affidavit of desistance (draft- not signed) which the complainant sent to me by email. please advice if this draft as written below will satisfy the court to dismiss the case.

AFFIDAVIT OF DESISTANCE
I, Nxxx, 17yrs. of age, single, Filipino and a resident of Gxxx, after having duly sworn to in accordance with law do hereby depose and state that:
1. I am the private complainant in Criminal case Noc. 2222,2233, and 12345 entitled People of the Philippines versus Mr.Rxxx, all for Rape, now pending before RTC Branch 22

2. The accused is my 2nd cousin and we decided to settle this amicably. We want to forget this incident before us, as a thing of the past and move forward with our lives and live harmoniously once again without discord against each other being relatives.

3. I am no longer interested to pursue this case. I am now withdrawing from further prosecuting and testifying in these cases against the accused.

4. In line with restorative justice, I am respectfully praying that an order be issued by the Honorable Court dismissing these cases against herein accused.

5. I am voluntarily executing this affidavit of desistance without being harassed nor intimidated. I attest to the truth and veracity of the foregoing statements: In witness whereof: ....


Private complainant assisted by her Mother

Mrs: Sxccc

Waiting for your good advice atty.

i find drafting affidavits of desistance dangerous. I normally ask the complainant or his counsel to draft it because if i draft it, they will always get angry with the statements that nothing bad happened.

If you can convince the other party to include a statement that the accused did not actually have sex with her, so much the better. or just state there was a mis-appreciation of facts. she may effectively state that no forced sex happened or there was a mistaken identity.

As it stands, it appears the parties merely discussed the matter among themselves, and this may not be accepted by the court because rape is technically not subject to a compromise.