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Legal question - Affidavits to withdraw a fake criminal complaint

During a visit to Philippines, the Filipino girlfriend and the American boyfriend had a dispute and the guy attempted to walk out of her house. The girl then screamed rape and abuse and the police came and took them to the police station where the girl swore out a complaint under the Republic Act 9262. She also claimed that she had given money to the guy which should be returned to her or he should be imprisoned.

The guy was about to be arrested and detained in jail, when the girl and the guy decided to work things out. The complaint was dropped, to make this possible. She has apologized to the guy (via emails/texts) for making a false complaint and has agreed to do whatever is necessary to clear him.

In order to work things out the guy is looking for assurance he won't be arrested next time he visits Philippines or be put in legal jeopardy. Here is what the guy is now looking for:
1. A formal withdrawal of the complaint - How to do this in the legal process?
2. A sworn affidavit from the girl that she lied or otherwise made up all the charges - What is the process for this?
3. Is there anything else the guy should ask for in order to be free and clear of legal jeopardy in this matter?

Simple answer..... don't come back to the Philippines. Choose your battles wisely. A foreigner will always lose in the Philippines.

Yes, not going to Philippines is the best and safest option.

But the girl has agreed and admitted informally that she made up the fake charges. My friend just wants to formalize this so she cannot renege on it later.

She can always make up new fake charges or have somebody else do it.

My advice I've been around and have experienced both bad and good pinays,in your case it's best you forget that girl 100%,and if interested,search for another pinay,this applys to all women in the world,once a woman brings legal problems to your life,just forgive and forget,the laws in Philippines are very different compared to other western countries,as a foreigner you will ALWAYS lose in Philippines,it seems you don't know their laws,just forget that experience and try again,UNLESS,you want to be destroyed finiancially,it's your money and your life,but there's always consequences,but forget or prepare to lose your money and maybe your life,don't let them take advantage of you,I'm sure there's better pinay that are trying to find true love.You must protect your money but also your heart.Hope you take my advice or be ready to suffer just as other foreigners have gone thru bad negative experiances.Good luck,and may karma take care of things.

Have similar problem with very jelous ex gf ! She is well connected and has indicated will get me barred from immigration in phill ! Is this possible we it out founding ??

Anything is possible here. Street justice prevails and if you don't understand the culture you will likely end up dead.

Forget this girl as she can't be trusted.
Look elsewhere they will make more trouble and possibly even worse.

You were arrested without a warrant it appears because you were detained.

To withdraw a complaint, an affidavit of desistance should be filed in the prosecutor's office and sworn to before the fiscal/prosecutor;

Check if your case reached the court and you have a pending case. The affidavit of desistance will not simply work if it reached the court already.  You need help already from a lawyer.

So the police tried to arrest you without a warrant but the complaint was withdrawn; if it is an ideal world, no need to do anything because there was no complaint.  But, the complainant may have filed the complaint later in the prosecutor's office.  This is the one you need to check.

If you were detained, it is a different matter.

Run far and run fast or you will likely end up 6 feet under belly up in a body bag.

Yes just be careful who you deal with!

These are really great responses and advice and much appreciated.

To clarify, I have advised my friend ( and colleague) and I think he has no intention of taking up with that girl. The girl is essentially trying to win him back and is willing to go through whatever is required to legally undo what she has done.

So, the question here is on how to legally do things so this matter can be removed from jeopardy. At least for now.

Get from the girl to execute an affidavit of desistance that such crime did not happen. If she will sue you, you have a proof.  Though this is not enough if she really did sue you but will help.

If you really really wanted to be assured, go to the trouble of  getting clearances from the police, and office of the clerk of the courts. Ask her to do this for you.

But this is not a good way to start a relationship with a girl with a sword of Democles hanging on your head.

The legal system is very sensitive right now so do not mess with it!!!

@Cynthiavilla - Thank you very much. My friend has no intention of resuming relationship.

He just wants to have his name cleared and the jeopardy removed.

Unless a case has been filed in court there is nothing to clear with regards to his name;

@Cynthiavilla - Do you recommend he retain a lawyer to investigate?

Do you have any recommendations on a good criminal lawyer on something like this in the Las Pinas area of Manila?

Street justice prevails here. Forget about it and stay away from the Philippines.

Atty Ronquillo - ***

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Hey Rogerdelta  I read between the lines that you might be the one asking all the questions for yourself and you are simply trying to maintain your 'distance' from this 'girl' issue?   That being the case, I would maybe suggest  you look elsewhere for your girls and follow the advise of  'FortuneFavorsTheBold'
Furthermore, rightfully or wrongfully, you do not know what might be flagged on your passport when you pass through airport immigration on your next visit!

Thanks Bob 18.

Hey bob18 - I would think so too, if I were you.

It is really a colleague of mine. We are all trying to convince him not to risk going back to Philippines.

And the really big reason why I am submitting the question here ....I am at least half way articulate and can frame the issue. Whereas when my colleague friend tried it turned out to be a hopeless spaghetti code of ramblings which no one could decipher.

Hence, I stepped in.

Bob 18 is 100% correct. Whoever it is could be flagged by immigration and picked up at the airport never to be seen or heard of again.

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