Complainants in kidnap case vs Koreans issue desistance

CEBU, Philippines -  Attaching the affidavit of desistance of the complainants, the counsel of a Korean national and three Filipinos accused for kidnapping with ransom filed an entry of appearance with motion to dismiss before the Regional Trial Court Branch 58.

In their motion, Song Sung Heum, Leonard Bolabon, Gregorio Dealagon and Richard Dealagon asked for the dismissal of the case citing that complainants, Jun Hyung Chung and his Filipina girlfriend Charise Santiago, are no longer interested in pursuing the case.

“Wherefore, in the interest of restorative justice and fair play, accused fervently prays that this case be dismissed for reasons above-stated. All other measures of relief just and equitable under the premises are likewise prayed for,” the motion reads.

In their affidavit of desistance, complainants, a resident of Barangay Lahug, Cebu City asked the court to dismiss the case, saying everything was miscommunication.

“After mulling over the incidents, we need to rectify material allegations stated in the complaint. We humbly submit that this instant case was a mere product of misunderstanding and communication between the accused and us,” the affidavit reads.

In their complaint, Chung and Santiago said they were kidnapped by the three Filipino accused on October 24, 2012 inside their apartment in Lahug and force to board the vehicle.

However, in their affidavit of desistance, the two withdrew their statement saying they accompanied the three Filipino accused on their free will. They claimed none of the accused was violent to them.

They added that the accused did not demand money from them, contrary to their earlier statement. 

 â€œOther than for reasons above-stated, we find no reason to proceed with prosecuting the case because in the first place we do not have sufficient evidence, testimonial or documentary, for in truth we were not kidnapped at all,” the affidavit of desistance reads.

Upon executing affidavit of desistance, the two said they were not threatened nor intimated with any monetary consideration.

“We have signed this entirely out of our own free will and volition,” they said. (FREEMAN)