A Practical Legal Article in the Philippine Setting

An affidavit of desistance is a sworn statement by a complainant, private offended party, or reporting witness declaring that they are no longer interested in pursuing a complaint or participation against the respondent. In Philippine practice, it is most commonly encountered in criminal complaints, especially at the barangay, prosecutor’s office, police level, and sometimes even after a case has already reached the courts.

It is widely misunderstood. Many people think that once the complainant signs an affidavit of desistance, the case automatically ends. That is not always true. In the Philippines, the effect of an affidavit of desistance depends on the nature of the offense, the stage of the proceedings, the evidence already on record, and whether the case is one that the State may continue to prosecute despite the complainant’s withdrawal.

This article explains the filing procedure, legal effect, contents, practical requirements, limits, and consequences of an affidavit of desistance under Philippine legal practice.

1. What an Affidavit of Desistance Is

An affidavit of desistance is:

a written sworn declaration
signed by the complainant or affiant
usually notarized
stating that the affiant is withdrawing the complaint, losing interest in prosecuting, or no longer wishes to testify or pursue the matter

It is often used after:

settlement
misunderstanding between parties
restitution or payment
family reconciliation
voluntary compromise
change of mind by the complainant
fear, reluctance, or unwillingness to continue

It may be titled:

Affidavit of Desistance
Affidavit of Withdrawal
Affidavit to Withdraw Complaint
Affidavit of Desistance and Quitclaim
Affidavit of Desistance and Waiver
Affidavit of Recantation in some situations, though recantation is a different matter and is treated more cautiously

2. The Basic Rule: Desistance Does Not Automatically Dismiss a Criminal Case

In Philippine criminal law, a criminal offense is generally considered an offense against the State, not merely against the private complainant. Because of that:

the complainant does not fully control the prosecution once the case is properly initiated
the prosecutor or the court may still continue the case
a judge is not bound to dismiss solely because the complainant has desisted

This is the most important principle on the subject.

Why this matters

If the facts and evidence already show probable cause or proof beyond reasonable doubt may still be developed, the case can continue even without the complainant’s desire to proceed.

This is especially true in:

offenses where the State has a strong interest in prosecution
cases with independent documentary or testimonial evidence
cases where desistance appears suspicious, coerced, bought, or inconsistent with earlier statements

3. Situations Where an Affidavit of Desistance Commonly Appears

A. At the barangay level

Before a criminal or civil matter is filed, parties may go through barangay conciliation if the dispute is covered by the Katarungang Pambarangay system. A complainant may later state that they are no longer pursuing the complaint.

B. At the police level

A police blotter entry or initial complaint may have already been made. The complainant may execute an affidavit saying they no longer wish to pursue the matter.

C. During preliminary investigation before the prosecutor

This is one of the most common settings. The complaint has been filed, the respondent may have submitted a counter-affidavit, and then the complainant decides to withdraw.

D. After filing in court

Even after an information is filed, the complainant may submit an affidavit of desistance. At this stage, however, the case is even less within the complainant’s control.

E. In private crimes or quasi-private crimes

Some offenses require a complaint by the offended party to begin with. In those situations, the complainant’s participation may be more legally significant, but even then the effect depends on the specific offense and stage.

4. Difference Between Affidavit of Desistance and Other Similar Documents

Affidavit of Desistance

States that the complainant no longer wishes to pursue the case.

Affidavit of Recantation

The complainant or witness says their earlier statement was false or incorrect. Courts treat recantations with great suspicion because they are easily fabricated.

Sinumpaang Salaysay

A general sworn statement. It may be a complaint affidavit, witness affidavit, or desistance affidavit.

Quitclaim / Waiver

Usually civil or monetary in character. It may accompany desistance when payment or settlement has been made.

Motion to Withdraw Complaint

A procedural motion that may be filed with the prosecutor or court, often attaching the affidavit of desistance.

5. Who May Execute an Affidavit of Desistance

Usually the following persons may execute it:

the complainant
the offended party
the person who executed the complaint-affidavit
in some cases, a parent or guardian if the complainant is a minor, subject to the nature of the case
an authorized representative, if allowed and properly supported by authority, though personal execution is strongly preferred

If multiple complainants or offended parties exist, one person’s desistance does not necessarily bind the others.

6. Essential Contents of an Affidavit of Desistance

A proper affidavit of desistance in Philippine practice should contain the following:

A. Caption or title

Example: AFFIDAVIT OF DESISTANCE

B. Identity of the affiant

The full name, age, civil status, citizenship, and address.

C. Statement of competence

That the affiant is the complainant or offended party in a particular case or complaint.

D. Case identification

Include as much identifying detail as possible:

name of respondent
NPS or I.S. number if before the prosecutor
criminal case number if already in court
barangay case number if before the barangay
police complaint reference if relevant

E. Statement of prior filing

A brief statement that the affiant previously filed a complaint, affidavit, or report.

F. Statement of desistance

A clear statement that the affiant is:

withdrawing the complaint
desisting from further prosecuting the case
no longer interested in pursuing the complaint
no longer objecting to the dismissal, if that is the intended position

G. Reason for desistance

Not always legally required, but strongly advisable. Common reasons:

settlement reached
amicable resolution
misunderstanding clarified
restitution/payment made
forgiveness
family reconciliation
lack of interest to continue

H. Voluntariness clause

The affidavit should expressly say that it is executed:

voluntarily
freely
without force, intimidation, or undue influence

This is very important because prosecutors and judges are alert to coercion.

I. Acknowledgment of legal effect

It may state that the affiant understands that the prosecutor or court will decide whether to dismiss or continue the case.

J. Signature and notarization

The affidavit should be signed before a notary public, or sworn before another officer authorized to administer oaths when applicable.

7. Is Notarization Required?

In practice, yes, it is strongly expected.

An affidavit is generally a sworn statement. To have formal evidentiary and procedural value, it is usually:

subscribed and sworn to before a notary public, or
sworn before a prosecutor, clerk of court, or other officer authorized to administer oaths

For filing with the prosecutor or court, notarization or proper oath administration is highly advisable. A mere unsigned or unnotarized letter of withdrawal is much weaker and may be disregarded.

8. Where to File the Affidavit of Desistance

The affidavit should be filed where the case or complaint is pending.

A. If only at barangay level

File it with the Punong Barangay, Lupon, or barangay office handling the dispute.

B. If only at police level

Submit it to the police station/unit that received the complaint, though police withdrawal alone does not prevent further legal action if the matter has already moved beyond them.

C. If under preliminary investigation

File it with the Office of the City Prosecutor, Provincial Prosecutor, or other prosecutorial office handling the case.

D. If already in court

File it with the court where the criminal case is pending, usually through the Office of the Clerk of Court, and furnish a copy to the prosecutor and, if required, the accused or defense counsel.

9. The General Filing Procedure in the Philippines

Although local office practice varies, the filing process usually follows this sequence:

Step 1: Prepare the affidavit

Draft the affidavit carefully with complete case details and a clear statement of desistance.

Step 2: Bring valid identification

The affiant should bring competent proof of identity for notarization or oath administration.

Step 3: Sign before a notary or authorized officer

Do not pre-sign unless the notary or authorized officer allows the formal acknowledgment procedure in accordance with proper practice. The safer course is to sign in the officer’s presence.

Step 4: Make multiple copies

Prepare enough sets for:

receiving office
prosecutor
court, if applicable
respondent or counsel, if required
personal file copy with receiving stamp

Step 5: File in the proper office

Submit the affidavit to the office where the complaint or case is pending.

Step 6: Secure stamped receiving copy

Always obtain a copy stamped “received” with date and time, or an equivalent proof of filing.

Step 7: Attach to motion or manifestation, if needed

In many cases, especially before the prosecutor or court, the affidavit is filed together with a:

Motion to Withdraw Complaint
Manifestation of Desistance
Motion to Dismiss on account of desistance, though dismissal remains discretionary depending on the case

Step 8: Attend hearing or conference if required

The prosecutor or judge may require the affiant to personally appear to confirm that the desistance is genuine and voluntary.

10. Procedure Before the Prosecutor

When the complaint is still under preliminary investigation or inquest follow-up, an affidavit of desistance is usually addressed to the prosecutor.

Practical sequence

The complainant executes the affidavit.
The affidavit is filed with the prosecution office handling the complaint.
A motion or letter may accompany it, requesting that the complaint be dismissed or that no information be filed.
The prosecutor evaluates:
- whether desistance is genuine
- whether probable cause still exists
- whether the case can proceed without the complainant
- whether the offense is one that can still be prosecuted in the public interest
The prosecutor may:
- dismiss the complaint for lack of interest and insufficient evidence
- continue the case if probable cause remains
- require clarification or appearance of the affiant
- scrutinize whether settlement or coercion is involved

Important point

At the prosecutor level, the affidavit may carry more practical weight because the prosecutor is still deciding whether to file the case in court. But it still does not guarantee dismissal.

11. Procedure When the Case Is Already in Court

Once the information has been filed in court, the case is under the court’s jurisdiction. At that point:

the complainant may still file an affidavit of desistance
but the prosecution is no longer purely a private matter
the judge and public prosecutor will decide whether the case should proceed

Usual court procedure

The affidavit is filed with the court.
It may be attached to a manifestation or motion.
The prosecutor is expected to comment or state the government’s position.
The court may set a hearing.
The complainant may be asked to testify on the voluntariness of desistance.
The court decides whether the affidavit changes the evidentiary posture of the case.

If the prosecution still has sufficient evidence, the case may continue.

12. Effect of an Affidavit of Desistance at Different Stages

A. Before formal complaint is filed

It may effectively stop the complainant from proceeding, though not always if authorities independently pursue the matter.

B. During barangay proceedings

It may result in termination or closure of the barangay complaint.

C. During preliminary investigation

It may persuade the prosecutor not to file an information, especially if the complainant’s affidavit was the main basis and there is no strong independent evidence.

D. After filing of information

Its effect is weaker. The case belongs more clearly to the State.

E. During trial

It may affect witness availability and evidentiary strength, but the court may still proceed using prior statements, other witnesses, documents, medical findings, police testimony, or circumstantial evidence, depending on admissibility and sufficiency.

13. When Desistance Is More Likely to Matter

An affidavit of desistance tends to have more practical impact when:

the case is still at the complaint or preliminary investigation stage
the complainant is the principal witness
there is little or no independent corroborating evidence
the matter arose from a personal dispute or misunderstanding
the offense is one where the complainant’s active participation is especially material
the settlement resolves both civil and criminal aspects to the extent legally allowed

Even then, there is no absolute rule that dismissal must follow.

14. When Desistance Is Less Likely to End the Case

Desistance is less likely to terminate the matter when:

the information has already been filed in court
the offense is serious
there is independent evidence
there are police witnesses, medical records, videos, documents, or third-party witnesses
the desistance appears coerced or purchased
public policy strongly favors prosecution
the law protects vulnerable complainants, such as minors, abused spouses, or victims of coercive situations

15. Public Crimes vs Private or Quasi-Private Crimes

This distinction matters.

Public crimes

Most crimes are prosecuted in the name of the People of the Philippines. In these offenses, the case generally does not die merely because the complainant desists.

Private or quasi-private crimes

Certain offenses historically require a complaint by the offended party or specified persons to commence prosecution. In such matters, the complainant’s role is more central.

Still, one must be careful: the exact procedural effect depends on the offense, the governing statute, and whether jurisdiction has already attached.

16. Special Caution in Violence Against Women and Children Cases

In Philippine practice, an affidavit of desistance in cases involving violence against women and children is treated with caution.

The reason is practical and policy-based:

complainants may be pressured into withdrawing
dependency, fear, intimidation, or reconciliation may not erase the offense
the State has a strong protective interest

Thus, a desistance affidavit in these cases does not necessarily result in dismissal.

The same caution may exist in cases involving:

child abuse
sexual exploitation
trafficking-related circumstances
domestic violence
intimidation by the accused

17. Special Caution in Sexual Offenses and Cases Involving Minors

When minors are involved, or when the offense affects dignity, bodily integrity, or public morality, prosecutors and courts are especially cautious. Desistance may be examined for:

voluntariness
competence of the person signing
best interests of the child
possible intimidation or family pressure
consistency with earlier statements and evidence

A parent’s desire to settle does not always control the criminal dimension.

18. Affidavit of Desistance in Estafa, Theft, Physical Injuries, Threats, and Similar Cases

These are among the offenses where desistance is often attempted in practice after settlement or payment.

Common patterns

In estafa, the amount may be repaid and the complainant may withdraw.
In slight physical injuries or personal quarrels, parties may reconcile.
In grave threats or similar disputes, the complainant may lose interest.
In neighborhood or family disputes, a settlement may lead to desistance.

But again, whether dismissal follows depends on:

stage of case
evidence
prosecutor’s assessment
court’s view
public interest in prosecution

19. Affidavit of Desistance vs Settlement

Settlement and desistance often go together, but they are not the same.

A settlement is an agreement. Desistance is a sworn withdrawal or abandonment of pursuit by the complainant.

A settlement may include:

payment of money
return of property
apology
restitution
agreement not to reoffend
acknowledgment of misunderstanding
civil release or quitclaim

But private settlement does not always extinguish criminal liability.

20. Can the Respondent Force the Complainant to Execute One?

No. It must be voluntary.

If the affidavit was procured by:

threat
intimidation
bribery
force
deceit
undue influence
harassment

it may be disregarded, challenged, or even expose the wrongdoer to further liability.

A coerced affidavit is dangerous evidence and may backfire.

21. Can the Complainant Later Take It Back?

Possibly, but credibility becomes a serious issue.

If the complainant later says:

the desistance was forced
the desistance was mistaken
they still want to pursue the case

the prosecutor or court will examine both sworn statements. This creates inconsistency that may damage credibility. That does not automatically destroy the case, but it complicates it.

Courts usually view flip-flopping statements with suspicion.

22. Is Personal Appearance Required?

Sometimes yes.

A prosecutor or judge may require the affiant to appear personally to confirm:

identity
voluntariness
understanding of contents
absence of coercion
reasons for withdrawing

This is especially likely in sensitive, serious, or suspicious cases.

23. Formal Requirements and Practical Attachments

In actual filing practice, the following are often attached or prepared alongside the affidavit:

photocopy of valid government ID
case reference documents
motion or letter addressed to the prosecutor/court
settlement agreement, if any
proof of payment or restitution, where relevant
authorization documents, if a representative is involved
certified translation if the affiant cannot understand the language used

A Filipino or local-language version may be preferable if that is the language the affiant truly understands.

24. Suggested Format of the Document

A typical format includes:

Title
Venue and introductory oath clause
Personal circumstances of affiant
Identification of case/complaint
Statement of prior complaint
Statement of voluntary desistance
Reason for desistance
Statement that affidavit is made freely and voluntarily
Signature
Jurat or acknowledgment

25. Sample Structure Only

A short structural example looks like this:

AFFIDAVIT OF DESISTANCE

I, [name], of legal age, [civil status], Filipino, and residing at [address], after having been duly sworn, depose and state:

That I am the complainant/offended party in [case title / complaint reference];
That I caused the filing of a complaint against [name of respondent];
That after reconsideration / amicable settlement / restitution / clarification of misunderstanding, I am no longer interested in pursuing the complaint;
That I am voluntarily desisting from further prosecuting this case;
That I am executing this affidavit freely and voluntarily and without force, intimidation, or undue influence;
That I understand that the proper prosecutor or court shall determine the legal effect of this affidavit.

IN WITNESS WHEREOF, I have hereunto set my hand this [date] at [place].

Then follow the signature and notarization.

This is only a format guide. The facts and wording should match the actual situation.

26. Language and Drafting Cautions

The affidavit should not contain careless or false statements. Avoid:

admitting facts unintentionally favorable to the accused unless true
contradicting prior sworn statements without explanation
saying the original complaint was false unless that is really the position and the affiant accepts the consequences
making vague or ambiguous withdrawals
using pre-written generic forms that do not match the case

Precision matters.

27. Does It Extinguish Criminal Liability?

Usually, no by itself.

Criminal liability is extinguished only in ways recognized by law. Desistance is generally not one of the independent modes that automatically extinguish criminal liability in ordinary public crimes.

What it may do is:

weaken the prosecution
lead the prosecutor to dismiss for lack of evidence
lead the court to find the evidence insufficient
support compromise of the civil aspect where legally allowed

That is different from automatic extinction of criminal liability.

28. Does It Extinguish Civil Liability?

Not necessarily, unless the document also clearly includes:

waiver
release
quitclaim
acknowledgment of payment
settlement of claims

Even then, the wording matters. A criminal desistance affidavit does not automatically waive all civil claims unless the text clearly says so.

Conversely, a civil settlement does not always erase criminal consequences.

29. What Prosecutors Usually Look At

When a desistance affidavit is filed, prosecutors commonly assess:

Is the affidavit genuine?
Is it sworn and properly executed?
Is the affiant really the complainant?
Is the affiant acting voluntarily?
Is there probable cause even without the complainant’s continued participation?
Was there settlement?
Is the offense one that public policy still requires prosecution?
Are there inconsistencies between the complaint affidavit and the desistance affidavit?
Is the withdrawal credible or suspicious?

This is why a well-drafted affidavit matters, but substance matters more than form.

30. What Courts Usually Look At

Courts often focus on:

stage of proceedings
nature of offense
available evidence
whether the affidavit merely shows loss of interest
whether the complainant is recanting
whether justice would be undermined by dismissal
whether the prosecution still wishes to proceed
whether the affidavit was forced or bought

A judge may deny attempts to dismiss if the law and evidence require continuation.

31. Common Mistake: Thinking the Police Can “Drop” the Case Just Because of Desistance

Police may record that the complainant is no longer interested. But police do not have final authority to determine the prosecutorial fate of a criminal case once it is within the prosecutor’s or court’s authority.

A police-level withdrawal may help factually, but it is not the same as a dismissal by prosecutor or court.

32. Common Mistake: Filing It in the Wrong Office

The affidavit should go where the matter is actually pending.

Examples:

barangay complaint: file with barangay
prosecutor complaint: file with prosecutor
court case: file with court, with copies as required

Filing only in one place while the case is already elsewhere may be ineffective.

33. Common Mistake: Using Desistance to Hide an Unlawful Compromise

A desistance affidavit should not be used to mask:

intimidation
witness tampering
bribery
unlawful pressure
obstruction of justice
exploitation of a vulnerable complainant

Where coercion is suspected, authorities may disregard the affidavit and investigate further.

34. Common Mistake: Recanting Earlier Statements Without Understanding the Consequences

If a complainant now claims the earlier complaint was false, that may have serious implications. It can expose the affiant to risks involving:

credibility problems
perjury-type concerns depending on facts and oath usage
countercharges if the original accusation was knowingly false

A desistance affidavit is not a harmless document. It is a sworn legal instrument.

35. Affidavit of Desistance in Barangay Matters

At the barangay level, the process is often simpler:

Inform the barangay handling officer or Lupon
Submit a written affidavit or manifestation
Have it signed and sworn if required by local practice
Appear during scheduled conference if asked
Secure documentation that the complaint has been withdrawn or amicably settled

If the barangay matter involves an amicable settlement, that settlement may itself resolve the controversy at that level.

36. Affidavit of Desistance During Inquest or Immediately After Arrest

If there has been a warrantless arrest and an inquest process, a complainant’s desistance may still be submitted. However:

the prosecutor will still assess legality of arrest and evidence
public offense considerations remain
the respondent is not guaranteed release or non-filing solely by reason of desistance

Timing matters, but not conclusively.

37. Role of the Defense Lawyer

For the respondent or accused, counsel typically ensures that:

the affidavit is genuine
the correct case details are stated
it is promptly filed with the right office
it is paired with an appropriate motion or manifestation
the prosecution is formally furnished a copy
hearings are attended
the effect on both criminal and civil aspects is properly argued

A defense lawyer also avoids overly broad language that may later cause problems.

38. Role of the Complainant’s Lawyer

For the complainant, counsel helps ensure that:

the affidavit reflects the truth
rights are not accidentally waived beyond intention
settlement terms are documented separately where needed
the complainant is not being coerced
the wording does not create unnecessary criminal exposure
the complainant understands that dismissal is not automatic

39. Can an Affidavit of Desistance Be Used in Administrative Cases?

Yes, but the effect may differ.

In administrative matters, the complainant’s lack of interest may affect the case, but some administrative bodies may still proceed if the allegations concern public service, professional discipline, or regulatory standards.

So the same principle often appears: withdrawal by the complainant does not always end the case.

40. Can It Be Used in Civil Cases?

In civil matters, parties more often use:

notice of withdrawal
motion to dismiss
compromise agreement
quitclaim
waiver
joint motion

An “affidavit of desistance” may still be used as supporting evidence of non-pursuit, but civil procedure typically relies more on motions and compromise documents than on desistance affidavits alone.

41. Timing Considerations

The earlier the affidavit is filed, the more practical impact it may have.

Before prosecutor resolution

Potentially significant.

After finding of probable cause but before filing in court

Still potentially useful, but less certain.

After information is filed

Weaker.

During trial

Usually evidentiary rather than dispositive.

After judgment

Very limited effect on the criminal judgment itself.

42. Need for Consistency With Other Records

The affidavit should be consistent with:

complaint-affidavit
police blotter
medical certificate
settlement agreement
prior motions
prior testimony

If there is a change in position, explain it carefully. Unexplained contradictions weaken credibility.

43. Is There a Standard Government Form?

Usually none in the strict nationwide sense for all situations.

Many law offices, notarial offices, and some local government or prosecutor environments use templates, but there is no single universal form that applies to every Philippine case type.

The better approach is a customized affidavit suited to the actual complaint.

44. Filing Fees

An affidavit of desistance itself usually does not involve a major filing fee merely because it is such an affidavit, but costs may include:

notarization fees
photocopying
certification or document preparation expenses
possible filing-related incidental costs depending on court practice and accompanying motions

Local practice may differ.

45. Electronic Filing and Remote Submission

This depends entirely on the office and current procedural setup.

Some courts and offices may accept certain electronic communications or filings under specific rules or local directions, while others require physical submission. In practice, for a desistance affidavit, a physically signed and notarized original is usually the safer route unless the receiving office clearly accepts electronic filing.

46. Practical Checklist for Filing

Before filing, make sure you have:

correct case title and number
correct names of parties
complete factual basis for desistance
clear voluntariness clause
proper signature
notarization or valid oath administration
copies for all relevant offices/parties
receiving copy for your records
accompanying motion or manifestation if needed

47. Risks of Using a Poorly Drafted Affidavit

A badly drafted affidavit may:

fail to identify the case
be ignored for lack of notarization
unintentionally admit liability or falsity
create contradictions
fail to cover the civil aspect
fail to persuade the prosecutor or court
trigger suspicion of coercion
expose the affiant to legal complications

48. Can the Prosecutor Continue Even if the Complainant Refuses to Testify?

Sometimes yes.

The prosecutor may rely on:

other witnesses
documentary evidence
physical evidence
expert or medico-legal evidence
admissions
prior statements to the extent admissible
other legally available proof

Whether the case remains provable depends on the offense and evidence.

49. Why Courts Treat Desistance and Recantation With Suspicion

Philippine legal practice has long recognized that witnesses and complainants can be pressured, paid off, frightened, reconciled, or induced to change their story. Because of that, later statements of desistance or recantation are not automatically preferred over earlier accusations.

The justice system asks: which version is more credible, and what does the total evidence show?

50. Bottom-Line Legal Effect

The best way to understand an affidavit of desistance in the Philippines is this:

It is important but not controlling.
It is persuasive but not conclusive.
It may help terminate a case early, but less so late.
It may affect evidence, but does not automatically erase criminal liability.
It is more effective in practice when the prosecution depends heavily on the complainant and there is little independent evidence.
It is less effective where public policy and independent evidence justify continued prosecution.

51. Best-Practice Drafting Principles

A sound affidavit of desistance should be:

truthful
precise
voluntary
specific to the case
properly sworn
filed in the correct office
supported by related documents where appropriate
realistic about its legal effect

It should never assume that filing alone ends the matter.

52. Simplified Filing Roadmap

For practical Philippine use, the roadmap is:

Draft the affidavit with full case details.
State clearly that desistance is voluntary.
Explain the reason briefly and truthfully.
Sign before a notary public or authorized officer.
File it in the office where the complaint or case is pending.
Attach it to a manifestation or motion when necessary.
Get a receiving copy.
Be ready to personally confirm it if required.
Understand that prosecutor or court still decides the outcome.

53. Final Practical Summary

In the Philippines, an affidavit of desistance is a formal sworn withdrawal of interest by a complainant, but it is not a magic document that automatically cancels a criminal case. Its real effect depends on the stage of the proceedings, the offense involved, the strength of the remaining evidence, and the judgment of the prosecutor or court. It is most influential before the filing of the case in court and least controlling after prosecution is already underway.

Anyone executing or relying on one should treat it as a serious legal document, not a casual settlement paper. It must be properly prepared, properly sworn, correctly filed, and understood within the larger rule that crimes are prosecuted in the name of the State, not only at the pleasure of the complainant.