Legal Question in Criminal Law in Philippines

Hi,

the situation is this. my friend's wife filed a case against him in violation of RA 9262. the ex wife seek assistance to the services of PAO. to cut the story short, an agreement / settlement were done outside the court. the ex wife signed an afidavit of desistance under oath and the papers were signed in front of the lawyers and notarized. my friend signed in that afidavit as well. the settlement of support and division of properties are signed also with the lawyers. however on that day no fiscal was available. the ex wife never came back to appear in front of the fiscal and took all the signed documents from her PAO lawyer. the support settlement is done etc. she said that the afidavit of desistance is not valid because it was not subscribe by the fiscal yet. Can she still retract her statement? this ex wife is only harassing my friend. the case is on going and hearing will start again soon.

please advise.

thank you


Asked on 8/08/09, 7:45 pm

1 Answer from Attorneys
VOLTAIRE T. DUANO VOLTAIRE T. DUANO LAW OFFICE

Until she subscribes the same before the public prosecutor and the latter presents her in court to affirm the truthfullness of the desistance the same has no value. Moreover, she cannot yet be prosecuted for perjury because she has not yer taken her oath. Obviously, your friend was deceived by his wife. Your friend should insist on the dismissal by virtue of the Affidavit of Desistance.

Good luck.

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Answered on 8/14/09, 3:57 am


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