Rhoan I. Hiponia files an Affidavit of Desistance to dismiss criminal charges against Jan Arias for theft. Hiponia states that Arias was suffering from schizophrenia and did not know his actions were wrong at the time of the incident. The stolen items were recovered and their value reimbursed. Considering Arias' mental state and restitution of losses, Hiponia no longer wishes to pursue prosecution and requests dismissal of Criminal Case No. 13-19871 against Arias.
Rhoan I. Hiponia files an Affidavit of Desistance to dismiss criminal charges against Jan Arias for theft. Hiponia states that Arias was suffering from schizophrenia and did not know his actions were wrong at the time of the incident. The stolen items were recovered and their value reimbursed. Considering Arias' mental state and restitution of losses, Hiponia no longer wishes to pursue prosecution and requests dismissal of Criminal Case No. 13-19871 against Arias.
Rhoan I. Hiponia files an Affidavit of Desistance to dismiss criminal charges against Jan Arias for theft. Hiponia states that Arias was suffering from schizophrenia and did not know his actions were wrong at the time of the incident. The stolen items were recovered and their value reimbursed. Considering Arias' mental state and restitution of losses, Hiponia no longer wishes to pursue prosecution and requests dismissal of Criminal Case No. 13-19871 against Arias.
Rhoan I. Hiponia files an Affidavit of Desistance to dismiss criminal charges against Jan Arias for theft. Hiponia states that Arias was suffering from schizophrenia and did not know his actions were wrong at the time of the incident. The stolen items were recovered and their value reimbursed. Considering Arias' mental state and restitution of losses, Hiponia no longer wishes to pursue prosecution and requests dismissal of Criminal Case No. 13-19871 against Arias.
City of Iloilo) x - - - - - - - - - - - - - - - - - - - - - - - x
AFFIDAVIT OF DESISTANCE
I, RHOAN I. HIPONIA, of legal ages, Filipino, single, and a resident of 190 E. Lopez St. Jaro Iloilo City, Philippines, after having been duly sworn in accordance with law, hereby depose and say:
1 That I am the private complainant in the criminal case entitled "People of the Philippines vs. Jan Arias" for Theft docketed as Criminal Case No. 13-19871 before the Municipal Trial Court, Branch 2, Iloilo City, Philippines;
2 That I found out that the said accused at the time of the incident was not in his right mind and did not know that what he was doing was wrongful and criminal considering that he was suffering from SCHIZOPHRENIA, PARANOID TYPE IN ACUTE EXACERBATION as certified to by Dr.Nino Jardo of Iloilo Mission Hospital;
3 That the items taken by the accused, consisting of a Cellular phone and Coin Purse were immediately recovered from him and their values had been voluntarily reimbursed by the relatives of the said Accused;
4 In view of the foregoing, I finally manifest that I now completely and absolutely exonerate the accused Jan Arias from any liability in connection with the above- mentioned criminal case and that I am no longer interested, and I hereby desist, in prosecuting the said criminal case;
5 That I execute this Affidavit of Desistance so that the above-mentioned criminal case be immediately dismissed and considered finally closed and the bond posted by the herein accused be released to him;
6 As such, I am respectfully praying that the aforementioned case against the Accused Jan Arias be dismissed and finally closed.
IN WITNESS WHEREOF, I have hereunto set my hand this 9 th day of December at Iloilo City, Philippines.
RHOAN I. HIPONIA
SUBSCRIBED AND SWORN to before me, this 9 th Day of December, by the Affiant whom I have identified through competent evidence of identity and who exhibited his PRC Card No. 0689311 issued at Manila, Philippines on March 22, 2011.
ATTY. MA. GRAZIELLA B. TANAEON NOTARY PUBLIC VALID UNTIL______________________ NOTARIAL COMMISSION REG. NO.__ IBP NO____________________________ ROLL NO__________________________ PTR NO___________________________ MCLE NO_________________________
Doc. No. 6; Page No. 3; Book No.1; Series of 2013.