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Affidavit of Desistance

Margie Fernandez y Baydal filed an affidavit to withdraw her complaint of unjust vexation against Freddie M. Calamba that was filed in the Metropolitan Trial Court of Naga City. In the affidavit, she states that after reflection she realizes she accused Calamba without cause. Since she cannot state with certainty his liability, she is withdrawing the complaint and clearing Calamba of any responsibility to her. She requests the court dismiss the criminal case against Calamba with prejudice.
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0% found this document useful (0 votes)
403 views1 page

Affidavit of Desistance

Margie Fernandez y Baydal filed an affidavit to withdraw her complaint of unjust vexation against Freddie M. Calamba that was filed in the Metropolitan Trial Court of Naga City. In the affidavit, she states that after reflection she realizes she accused Calamba without cause. Since she cannot state with certainty his liability, she is withdrawing the complaint and clearing Calamba of any responsibility to her. She requests the court dismiss the criminal case against Calamba with prejudice.
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REPUBLIC OF THE PHILIPPINES)

PROVINCE OF CAMARINES SUR)


CITY OF NAGA ) S.S.
x--------------------------------------------------x

AFFIDAVIT OF DESISTANCE

I, Margie Fernandez y Baydal, of legal age, single, and a resident of Villa Corazon
Subd. Brgy Del Rosario, Naga City, Camarines Sur, after having been duly sworn to in
accordance with law hereby depose and state, that:

1. I am the complaining witness for Unjust Vexation against Freddie M. Calamba


in the case entitled _________________________, docketed as Crim. Case No.
_________, before the Metropolitan Trial Court, Branch No. ___, in the City of
Naga.

2. After my sober and soul searching assessment and analysis of the incident, I
have realized that I have not been myself and without just cause, when I accused
Freddie M. Calamba for unjust vexation.

3. Since I could not state with certainty and without a shadow of doubt the liability
of Freddie M. Calamba, in fairness to him, I am permanently withdrawing my
complaint against him. I clear him of whatever responsibility or liability to me.

4. I hereby inform the City Prosecutor of Naga that I am withdrawing my complaint


for Unjust Vexation docketed under Criminal Case No. ______
entitled ________________________, before the Metropolitan Trial Court,
Branch No. ______, in the City of Naga.

5. I likewise request the Metropolitan Trial Court, Branch No. _____, in the City of
Naga to dismiss with prejudice the aforementioned criminal case.

IN WITNESS WHEREOF, I hereby set my hand this __ day of October 2018 at the
City of Naga.

Margie Fernandez y Baydal


Complaining Witness

ACKNOWLEDGEMENT

SUBSCRIBED and SWORN to before me this ____________ in the City of Naga, affiant
exhibiting to me her CTC with No. _________________ issued on ________________
in the City of Naga, Philippines.
__________________
Notary Public
Roll No.___________
IBP No.___________
PTR No.___________
Doc. No. _________
Page No._________
Book No._________
Series of 2018

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