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Affidavit of Desistance

1) Jonas David filed a criminal complaint for cyber libel against Roxanne Pascual in Regional Trial Court Branch 63 in Tarlac City, Philippines. 2) After further review, Jonas David determined the incident was accidental and the result of a misunderstanding. 3) Jonas David no longer wishes to pursue prosecution of the criminal complaint against Roxanne Pascual and requests dismissal of the criminal case.
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0% found this document useful (0 votes)
112 views2 pages

Affidavit of Desistance

1) Jonas David filed a criminal complaint for cyber libel against Roxanne Pascual in Regional Trial Court Branch 63 in Tarlac City, Philippines. 2) After further review, Jonas David determined the incident was accidental and the result of a misunderstanding. 3) Jonas David no longer wishes to pursue prosecution of the criminal complaint against Roxanne Pascual and requests dismissal of the criminal case.
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Republic of the Philippines ]

City of Tarlac ] s.s

AFFIDAVIT OF DESISTANCE
I, JONAS DAVID, of legal age, single, and a resident of 0732 Santiago St.,
O’Donnell, Capas, Tarlac, after having duly sworn in accordance with law hereby depose and
state:
1. That I am the Complaining Party in the criminal case for alleged violation of section
4(c)(4) of Republic Act 10175, in relation to Articles 353 and 355 of the Revised
Penal Code docketed as Criminal Case No. 1111 before Regional Trial Court Branch
63, Tarlac City, Philippines;

2. After a careful study and re-evaluation of the facts which led to the filing of this case,
I came to the conclusion that the filing of the same against the accused was a result of
a misunderstanding and misapprehension of facts as the incident involved is purely
accidental in character.

3. Consequently, I am no longer interested in pursuing and prosecuting the above-


entitled case. Hence, I am desisting from further prosecution of the criminal
complaint for Cyber Libel against the accused, ROXANNE PASCUAL and I am
moving for the dismissal of the instant criminal case.

4. Considering the aforementioned, I hereby release, remit, renounce, and discharge


ROXANNE PASCUAL from any and all liabilities, claims, demands, actions and
causes of action of whatever nature and kind which may have arisen by reason of, or
in connection with the above-mentioned case.

5. That I execute this Affidavit of Desistance so that the above mentioned case be
immediately dismissed and considered finally closed.

In WITNESS WHEREOF, I have hereunto affixed my signature this 19th day of


April 2021 at City of Tarlac, Philippines.

JONAS DAVID
Affiant
SUBSCRIBED AND SWORN to before me this 20th day of April 2021 at the City of
Tarlac, Philippines. I HEREBY CERTIFY that I have personally examined the affiant and I
am satisfied that he voluntarily executed and understood his affidavit.

GABRIEL MATIENZO
City Prosecutor

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