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Affidavit of Desistance - Template, Sample Form

✓ Designed for use in Philippines

Create your Affidavit of Desistance for use in Philippines. Answer a few plain-English questions and the document fills in automatically as you go - then download it in Word and PDF, ready to sign or share.

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Below you can preview the Affidavit of Desistance, complete it by answering a few plain-English questions, and download a ready-to-sign copy in Word and PDF - tailored for use in Philippines.

What the Affidavit of Desistance includes

This template is organised into the following sections:

Frequently asked questions

What is a Affidavit of Desistance?

A Affidavit of Desistance is a ready-to-use legal template for Philippines. You complete it by answering a few plain-English questions, then download the finished document in Word and PDF.

What does the Affidavit of Desistance cover?

The Affidavit of Desistance is organised into sections covering § 1. Capacity of Affiant, § 2. Withdrawal of Interest, § 3. Amicable Settlement, § 4. Misapprehension of Facts, § 5. Release and Waiver, so the important points are captured in a clear, consistent structure.

What formats can I download?

You can download your completed Affidavit of Desistance as an editable Microsoft Word (.docx) file and as a PDF.

Can I edit the document later?

Yes - save it to your account and you can re-open, edit and re-download it at any time.

Is a Affidavit of Desistance legally binding?

Once it is properly completed and signed by everyone involved, a Affidavit of Desistance is generally legally binding in Philippines, provided it meets the legal requirements that apply to this type of document.

What laws apply to a Affidavit of Desistance in Philippines?

A Affidavit of Desistance should comply with the laws in force in Philippines. This template is built around the provisions such situations commonly require, but the rules can vary by region and change over time, so check the current requirements for your case.

Do I need a lawyer to use a Affidavit of Desistance?

For most standard situations you can complete the Affidavit of Desistance yourself using the guided questionnaire. For high-value, unusual or high-risk matters, it is sensible to have a qualified lawyer review the finished document.

How do I sign the Affidavit of Desistance?

Download the completed Affidavit of Desistance as Word or PDF and sign it as required in Philippines. Depending on the document this may involve a handwritten or electronic signature, and some documents also need witnesses.

Is the Affidavit of Desistance free?

You can preview the Affidavit of Desistance and fill it in for free. A one-time fee applies only when you download the finished, ready-to-sign document in Word and PDF.

How long does it take to complete a Affidavit of Desistance?

Most people finish the Affidavit of Desistance in just a few minutes by answering the plain-English questions. You can save your progress and come back to it at any time.

Prepared and reviewed by the LegalDocs team.

Document preview

REPUBLIC OF THE PHILIPPINES  )
PROVINCE OF ________  )
CITY OR MUNICIPALITY OF ________  ) S.S.


AFFIDAVIT OF DESISTANCE

I, ________, Filipino, of legal age, single/married, with residence and postal address at ________, after having been duly sworn to in accordance with law, do hereby depose and state THAT:

§ 1. Capacity of Affiant. I am the private complainant in the case more particularly described below, and I am executing this Affidavit with full knowledge of the nature and consequences of my act:

Docket/Case No.: ________
Case Title: ________
Nature of the Case/Offense Charged: ________
Pending Before: ________
Date Case was Filed: ________

§ 2. Withdrawal of Interest. After serious and mature deliberation, and upon a full understanding of the circumstances surrounding the said case, I have decided that I am no longer interested in the further prosecution of the complaint against the respondent/accused, ________.

§ 3. Amicable Settlement. The respondent/accused and I have voluntarily entered into an amicable settlement, and the outstanding obligation and all matters subject of the said case have been fully and completely settled to my entire satisfaction in the amount of ________ (where applicable). A copy of the proof of such settlement is attached hereto and made an integral part hereof as Annex “A”.

§ 4. Misapprehension of Facts. I have come to realize that the filing of the said complaint arose from a misunderstanding and/or misapprehension of facts between the respondent/accused and myself, and I am now convinced that no useful purpose will be served by the continuation of the said case.

§ 6. Prayer for Dismissal. In view of the foregoing, and considering that the civil and other aspects of the case have been amicably settled, it is respectfully prayed that the preliminary investigation and/or the case against the respondent/accused be DISMISSED with finality, and that I be excused from further attending any proceeding in relation thereto.


IN WITNESS WHEREOF, I have hereunto set my hand this ________ day of ________, 20____ at ________, Philippines.



________
Affiant

SUBSCRIBED AND SWORN TO before me this ________ day of ________, 20____ at the City/Municipality of ________, ________, affiant exhibiting to me competent evidence of identity, namely Postal ID No. ________, valid until ________, issued at/by ________, and I am satisfied that the said affiant is the same person who personally appeared before me, voluntarily executed and understood the contents of the foregoing Affidavit.



________
NOTARY PUBLIC

Doc. No.: ________;
Page No.: ________;
Book No.: ________;
Series of ________.

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Fields you complete are inserted into the document live. This template is general guidance only - not legal advice.