Overview

Yes, an Affidavit of Desistance (AOD) may still be executed and filed even after a case has been submitted for resolution—whether at the level of the prosecutor (e.g., after preliminary investigation is deemed submitted for resolution) or at the level of the court (e.g., after trial, when the case is submitted for decision).

But the more important point is this:

An Affidavit of Desistance is not, by itself, a magic “case-ender.” Its legal effect depends on (1) the kind of case, (2) the stage of the proceedings, and (3) whether the State—not the private complainant—controls the prosecution.

In Philippine criminal procedure, most crimes are prosecuted in the name of “People of the Philippines.” That means the case is generally a public offense and cannot be dismissed solely because the complainant no longer wants to proceed.

What an Affidavit of Desistance Is—and What It Is Not

Definition (Practical)

An Affidavit of Desistance is a sworn statement where the complainant (or private offended party) declares that they are no longer interested in pursuing the complaint, often because:

the parties have settled,
the complainant has forgiven the respondent,
the complainant has reconsidered, or
the complainant claims the complaint was filed due to misunderstanding, etc.

It is not:

an automatic dismissal of a criminal case,
a binding order on the prosecutor or judge to terminate the case, or
a substitute for legal grounds to dismiss (e.g., lack of probable cause, insufficiency of evidence, invalid information, prescription, etc.).

Courts and prosecutors often treat an AOD with caution because it may be the result of pressure, intimidation, bribery, or private bargaining, especially in sensitive offenses.

“Submitted for Resolution”: Which Resolution?

The phrase “submitted for resolution” can refer to different stages:

At the Prosecutor’s Office (Preliminary Investigation / Inquest-related proceedings)
- After the parties submit affidavits/counter-affidavits and supporting evidence, the investigating prosecutor declares the matter submitted for resolution (i.e., to determine probable cause and whether to file information in court).
In Court (After Trial or After Incidents)
- The court may declare the case submitted for decision (after trial and memoranda), or an incident submitted for resolution (e.g., motion to dismiss, motion for reconsideration, demurrer to evidence, bail, etc.).

You can file an AOD at either stage, but its effect differs.

AOD Filed After Submission for Resolution at the Prosecutor Level

Can you still file it?

Yes. Even if the prosecutor has already declared the case submitted for resolution, the complainant can still execute and file an AOD.

What can happen?

The prosecutor may:

Consider the AOD as evidence affecting credibility or interest
- It may suggest the complainant will no longer testify or cooperate.
- It may weaken the case if the case depends heavily on the complainant’s testimony.
Treat it as part of an amicable settlement
- In some offenses—especially those that are “private crimes” or those that may be compromised—the AOD may carry more practical weight.
Proceed anyway
- If the evidence on record supports probable cause, the prosecutor may still recommend filing an Information despite the AOD.

Key idea at prosecutor stage

A prosecutor’s job is not to enforce the complainant’s preference; it is to determine probable cause and whether the evidence shows a crime and likely guilt.

AOD Filed After the Case Is Already in Court

Once an Information is filed and the court acquires jurisdiction, the prosecution is under the control of:

the public prosecutor, and
the court (which must approve dismissals).

Can the complainant still file an AOD?

Yes.

Will it dismiss the case?

Not automatically.

The prosecutor may evaluate whether the AOD:

makes conviction unlikely (e.g., main witness backing out),
indicates the complaint was unreliable, or
signals a compromise that is legally permitted.

But dismissal generally requires proper legal grounds and court approval.

The Crucial Distinction: Types of Offenses

1) Private Crimes (More receptive to desistance/settlement)

These historically include offenses like:

adultery and concubinage, and
certain offenses where prosecution depends on a complaint by the offended party and may be affected by pardon/consent issues.

For these, the offended party’s actions (including desistance or pardon) may be more significant.

2) Crimes Prosecuted Upon Complaint, but Still Public in Character

Many offenses require a complaint to start prosecution, but once properly initiated, they can still become subject to State control. The complainant’s desistance is relevant but not always determinative.

3) Public Crimes (Most criminal cases)

These include:

physical injuries, theft, estafa, robbery, murder/homicide, and many others.

In public crimes, the State has an interest in prosecution, and an AOD usually functions as:

a factor in evaluating evidence, not a dismissal switch.

4) Special note: Violence Against Women and Their Children (VAWC)

In practice and policy, cases involving violence, threats, coercion, and similar harms are commonly treated with heightened caution. Even when parties “settle,” authorities may still proceed where the law and evidence warrant it.

Stage Matters: The Later the Stage, the Harder It Is for AOD to Matter

A) During preliminary investigation (before filing in court)

AOD may influence whether probable cause exists, particularly if the complainant is a key witness and the evidence is weak without them.

B) After information is filed but before arraignment/trial

AOD may support a motion to dismiss only if there are legal grounds (e.g., lack of probable cause, defective information, or compromise allowed by law).

C) During trial

An AOD may be used to impeach or affect credibility.
If the complainant refuses to testify, the prosecution may:
- compel testimony via subpoena (depending on rules and privileges), or
- rely on other evidence if available.

D) After the case is submitted for decision

Courts are generally reluctant to dismiss at this stage just because of desistance.
The case may proceed to judgment based on the evidence already on record.

Compromise and Settlement: When They Help and When They Don’t

Criminal liability vs civil liability

Even if a criminal case proceeds, parties often settle the civil aspect (payment of damages, restitution). Settlement can:

reduce hostility,
address restitution,
potentially influence sentencing or mitigation in some contexts,
but not necessarily erase criminal liability.

When compromise is more likely to matter

If the offense is one that may legally be compromised or where the complainant’s participation is essential and no other evidence exists.

When compromise generally does not terminate criminal liability

Serious offenses and offenses where public interest is strong.
Situations where law/policy discourages private settlement from defeating prosecution.

Practical Reasons People File an AOD (Even When It Won’t Automatically Dismiss)

To reflect settlement and request the prosecutor/court to consider it.
To signal non-cooperation, which may affect evidentiary strength.
To support a motion filed by the accused (e.g., motion to dismiss for insufficiency of evidence, demurrer to evidence later, or a request for leniency).
To correct the record when the complainant claims the complaint was filed in haste or due to misunderstanding.

How to File an Affidavit of Desistance Properly

Typical contents

Caption (case title and docket number, if already in court; or prosecutor’s reference number).
Personal circumstances of affiant.
Statement that affiant is the complainant/offended party.
Clear statement of desistance and reason (e.g., settlement, reconciliation).
If settlement: key terms may be stated (sometimes kept in a separate compromise agreement).
Declaration that affiant executes the affidavit voluntarily, without intimidation or coercion.
Notarization (jurat).

Where to file

If still at prosecutor level: file with the Office of the City/Provincial Prosecutor handling the case, addressed to the investigating prosecutor.
If already in court: file with the court (through the Clerk of Court) and furnish the prosecutor.

What Usually Comes Next (Common Scenarios)

Scenario 1: Weak evidence + complainant desists

Prosecutor may recommend dismissal or may find no probable cause.

Scenario 2: Strong documentary/independent evidence

Prosecutor may proceed regardless.

Scenario 3: Case in court; complainant recants or refuses to testify

Court may still decide based on:
- existing testimony already given,
- other witnesses,
- documents, CCTV, medical records, admissions, etc.

Scenario 4: Settlement primarily covers civil liability

Criminal case may continue; civil aspect may be deemed satisfied (subject to court approval and legal rules).

Risks and Warnings

Perjury / False statements
- If an AOD contains false claims (e.g., “the accused did nothing” when earlier sworn statements said otherwise), the affiant risks exposure to legal consequences.
Recantation is often viewed skeptically
- AODs that effectively “reverse” earlier accusations are commonly treated with caution.
Pressure and intimidation concerns
- Authorities may disregard an AOD if they suspect coercion or undue influence.
It can weaken the complainant’s credibility
- If the matter proceeds, the defense may use the AOD to impeach the complainant.

Strategic Guidance (Non-Case-Specific)

If you are the complainant/offended party

Be precise about what you want:
- Do you want to drop participation?
- Are you acknowledging settlement?
- Are you retracting facts (dangerous)?
Avoid sweeping statements that contradict earlier sworn allegations unless you fully understand consequences.

If you are the accused/respondent

An AOD is best used as supporting material for appropriate remedies:
- requesting prosecutorial reconsideration,
- supporting a motion in court when legally proper,
- documenting settlement of civil liability.

It is usually not enough on its own.

Bottom Line

You can file an Affidavit of Desistance even after a case is submitted for resolution in the Philippines—but:

It does not automatically dismiss a criminal case.
Its impact depends on the nature of the offense, the evidence on record, and the stage of the proceedings.
The State, through the prosecutor and the court, generally retains control over whether the case proceeds.
It is often most useful as a piece of evidence affecting the case’s viability, or as documentation of settlement—especially of the civil aspect.

If you want, share what stage your case is in (prosecutor level vs court, and what offense category it falls under), and the likely legal effect can be mapped more precisely to common Philippine procedure paths.