An Affidavit Of Recantation serves as a crucial legal instrument in the Philippine legal system when an individual needs to formally withdraw or correct a previously made sworn statement. This document is typically used in situations where a person realizes they provided false or incorrect information in a prior affidavit, court testimony, or other sworn statement, and wishes to set the record straight. The document must be executed in accordance with Philippine notarial laws and requires careful drafting to ensure it includes all necessary elements such as the affiant's details, specific reference to the original statement, clear recantation language, and the reasons for the change. It's particularly important in legal proceedings where the truthfulness of testimony is crucial, such as criminal cases, civil litigation, or administrative proceedings. The document's validity and effectiveness often depend on the credibility of the reasons provided for the recantation and the timeliness of its execution.
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1. Title and Jurisdiction: Formal title of the document stating it is an Affidavit of Recantation and the jurisdiction (Philippines)
2. Personal Details of Affiant: Complete legal name, age, civil status, citizenship, and residence address of the person making the recantation
3. Competency Declaration: Statement affirming the affiant's legal capacity and competency to make the affidavit
4. Reference to Previous Statement: Details of the previous statement being recanted, including date, venue, and context where it was made
5. Recantation Statement: Clear and specific retraction of the previous statement, with detailed explanation of what parts are being recanted
6. True Statement of Facts: The new, truthful version of events or statements that replace the recanted testimony
7. Reason for Recantation: Explanation of why the previous statement was made and why it is now being recanted
8. Voluntary Declaration: Statement that the recantation is being made voluntarily, without any coercion or improper influence
9. Jurat: Formal closing, including place and date of execution, and notary public's attestation
1. Supporting Documents Reference: Section referencing any supporting documents that validate the recantation, used when physical evidence exists
2. Witness Statements: Section including statements from witnesses who can corroborate the reasons for recantation, if applicable
3. Legal Counsel Certification: Statement certifying that the affiant has been advised of the legal consequences of the recantation, recommended for sensitive cases
4. Prior Attempts at Correction: Section describing any previous attempts to correct the record, used when there have been prior efforts to address the false statement
1. Copy of Original Statement: Certified copy of the previous statement or testimony being recanted
2. Supporting Evidence: Copies of any documents, photographs, or other evidence that support the truthfulness of the recantation
3. Government IDs: Photocopies of government-issued identification documents of the affiant
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