In the Philippine legal system, an Affidavit of Desistance is a sworn statement executed by a complainant (the offended party) manifesting that they are no longer interested in pursuing a criminal case against the accused. While frequently encountered in various criminal proceedings, its application in cases of Acts of Lasciviousness (Article 336 of the Revised Penal Code) involves specific nuances regarding public policy and the rules of evidence.
1. Legal Nature and Purpose
An Affidavit of Desistance is essentially a formal withdrawal of charges by the victim. In the context of Acts of Lasciviousness, the complainant typically states that the incident arose from a "misunderstanding," or that they have "forgiven" the perpetrator and no longer wish to testify.
Key characteristics include:
- It must be voluntary and free from coercion or intimidation.
- It must be notarized to be considered a public document.
- It serves as a ground for the defense to file a Motion to Dismiss.
2. The Rule on Private Crimes vs. Public Crimes
Under Philippine law, Acts of Lasciviousness is classified as a private crime that can be prosecuted de officio once a complaint is filed. However, there is a critical distinction in how desistance affects the case depending on the stage of the proceedings:
| Stage of Case | Impact of Desistance |
|---|---|
| Before Filing in Court | Usually leads to the dismissal of the complaint by the Prosecutor during preliminary investigation due to lack of evidence (since the victim is the primary witness). |
| After Filing in Court | The affidavit does not automatically result in dismissal. The court must still evaluate if there is other independent evidence to sustain a conviction. |
Note: The State remains the real party-in-interest in criminal cases. Once a case is filed in court, the complainant is merely a witness for the People of the Philippines.
3. Jurisprudential View: "The Afterthought"
The Supreme Court of the Philippines generally views Affidavits of Desistance with suspicion. Jurisprudence (e.g., People vs. Ballabare) often describes these affidavits as "untrustworthy" and frequently "an afterthought" or "concocted" to help an accused escape liability.
- Weight of Evidence: An affidavit of desistance cannot override a positive identification and testimony previously given in open court.
- Public Policy: If the prosecution can prove the guilt of the accused through other means, the case may proceed despite the victim’s change of heart.
4. Elements of a Valid Affidavit
To be considered by a Prosecutor or a Judge, the document should typically include:
- Title and Caption: Identifying the parties and the Case Number (if already filed).
- Statement of Facts: A brief mention of the original charge.
- The Manifestation: A clear statement that the complainant is withdrawing the complaint.
- The Reason: Usually cited as a "lack of interest," "misapprehension of facts," or "amicable settlement."
- The Release: A statement that the complainant waives all civil and criminal liabilities arising from the incident.
5. Practical Consequences and Limitations
While the affidavit is a powerful tool for the defense, it is not a "get out of jail free" card.
- Judicial Discretion: The judge has the final authority to grant or deny a motion to dismiss based on desistance.
- The "Double Jeopardy" Risk: If a case is dismissed based on an Affidavit of Desistance after the accused has been arraigned, the dismissal is usually permanent and the case cannot be refiled (subject to certain procedural conditions).
- Moral and Social Impact: In sensitive cases like Acts of Lasciviousness, the prosecution may look for signs of "settlement" or "buying off" the victim, which can lead to further scrutiny of the defense's tactics.
6. Special Protections for Minors
If the victim of Acts of Lasciviousness is a minor (under 18 years of age), the rules are significantly stricter. Under the Special Protection of Children Against Abuse, Exploitation and Discrimination Act (R.A. 7610), the State takes a more paternalistic role. An Affidavit of Desistance signed by a minor or even their parents is often disregarded if the court finds that the dismissal would be detrimental to the best interests of the child.