This article explains what an Affidavit of Desistance is, how to prepare and file one, and—most importantly—its legal impact on criminal and civil liability under Philippine law. It is general information, not legal advice.

1) What is an Affidavit of Desistance?

An Affidavit of Desistance (AoD) is a sworn statement by the complainant or key witness saying they no longer wish to pursue a case or that they are no longer interested in testifying. It is not a magic wand that automatically dismisses criminal charges. Crimes are offenses against the State; the public prosecutor and the court decide whether a case proceeds or is dismissed.

Common reasons people execute AoDs include: settlement of the civil dispute, loss of interest, reconciliation, or acknowledgment that earlier statements were mistaken. Whatever the reason, voluntariness is crucial; AoDs extracted by threats or inducements can be disregarded and may expose wrongdoers to separate liability.

2) When an AoD can meaningfully affect a criminal case

An AoD’s persuasive power depends on the type of offense, the stage of the case, and whether other evidence exists.

A. During preliminary investigation

If the sole basis for probable cause is the complainant’s affidavit, and the complainant fully retracts or refuses to pursue the case through an AoD, the prosecutor may dismiss for lack of probable cause.
If there is other independent evidence (e.g., CCTV, medical findings, other witnesses, documents), the prosecutor can still file or continue the case despite the AoD.

B. After filing in court

The court does not automatically dismiss upon submission of an AoD. The public prosecutor may move to withdraw the information, but the court will grant dismissal only if evidence is insufficient or the law allows compromise/pardon.
An AoD may undermine the prosecution if the complainant is the key witness and becomes unavailable or hostile. If, even then, the remaining evidence proves guilt beyond reasonable doubt, the case proceeds.

C. Offenses where private complainant control is limited or none

For public-policy crimes (e.g., violence against women and their children, human trafficking, serious physical injuries, anti-drug, graft, many special laws), desistance does not stop the prosecution. Courts treat AoDs in these cases with particular suspicion due to risks of intimidation or economic pressure.

D. Private crimes or those requiring a private complaint

Historically, some crimes required the offended party’s complaint/participation (e.g., adultery/concubinage, certain chastity crimes under the Revised Penal Code). In such instances, an AoD, pardon, or withdrawal of consent can be case-dispositive—but only where the law still recognizes that mechanism. Modern reforms have narrowed these categories. Always check whether the specific offense still requires a private complaint and whether pardon or compromise is legally effective.

3) What an AoD does not do

It does not automatically extinguish criminal liability (except where a statute expressly makes the offended party’s consent/pardon controlling).
It does not bind the court or the prosecution.
It does not erase civil liability flowing from the offense unless there is a valid settlement that actually pays or satisfies the civil claim, and the court recognizes it.

4) Effects on the civil aspect

Under the Rules of Criminal Procedure, the civil action for damages ex delicto is generally impliedly instituted with the criminal action unless the complainant reserves or waives it.

If the case is dismissed due to desistance without a finding that the act or omission did not exist, civil liability may still subsist. The court may allow a separate civil action (e.g., based on contract or quasi-delict), or the parties may submit a compromise covering civil damages.
Acquittal on reasonable doubt does not necessarily wipe out civil liability. Civil damages may still be awarded if the act is proved by preponderance of evidence.
Acquittal declaring that the act or omission did not exist (or that the accused did not commit it) extinguishes civil liability ex delicto—but independent civil actions (e.g., Article 19/20/21 Civil Code, quasi-delict) may still be available if the facts support them.
A written compromise (often executed together with or referenced by the AoD) can settle the civil aspect. Courts favor settlements that are voluntary, clear, and fully performed (e.g., payment schedules actually met).

5) Desistance vs. Recantation vs. Compromise vs. Pardon

Desistance: “I no longer wish to pursue or testify.” Focus is on interest to prosecute, not necessarily a change in facts.
Recantation: “My earlier statement was false/incorrect.” Courts treat recantations with extreme caution; they require strong corroboration before displacing earlier sworn statements.
Compromise/Settlement: Agreement to resolve civil liability (amounts, restitution, timelines). Compromise does not extinguish criminal liability unless a statute allows it (rare).
Pardon/Withdrawal of consent: Effective only where the substantive law recognizes it (e.g., certain private offenses). Outside those, pardon does not bar prosecution.

6) Barangay-level settlements and AoDs

For disputes covered by the Katarungang Pambarangay system (generally, cases between parties in the same city/municipality, with penalties not exceeding statutory limits), a barangay settlement—if compliant with procedure—can have the force of a final judgment. If the settlement is performed, prosecutors and courts may consider it a ground to dismiss the criminal case or at least the civil aspect. However, many serious crimes and public offenses are excluded from barangay conciliation.

7) How to prepare and execute an Affidavit of Desistance

A. Practical checklist

Title: “Affidavit of Desistance.”
Affiant’s identity: Full name, age, civil status, nationality, address, government ID details.
Case details: Offense, case number (if any), parties’ names, investigating office/court branch.
Narrative:
- State that you initiated or gave statements in the case.
- Declare that you are desisting from further prosecution and, if intended, that you will not testify for the prosecution.
- If applicable, state that the parties have amicably settled the civil aspect and summarize key terms (or attach the settlement agreement).
- Confirm that the AoD is executed voluntarily, without threats, intimidation, or compensation (unless you are disclosing lawful consideration for civil settlement, which you should describe accurately).
Requests: Ask the prosecutor (if PI stage) to dismiss for lack of probable cause, or the court (if filed) to note desistance and dismiss/allow withdrawal of complaint as the law and evidence warrant.
Civil action treatment:
- If settling: State that civil claims are fully satisfied or compromised, attach proof (receipts, quitclaims).
- If reserving: State that you reserve civil claims against the accused (and specify the intended basis).
- If waiving: State a clear waiver of civil claims (do this only after informed advice).
Perjury clause: Affirm truthfulness under oath and awareness of perjury penalties for false statements.
Signature and jurat: Sign before a notary public (or proper officer, e.g., prosecutor/consul if abroad). Attach a photocopy of a government ID with signature.

B. Where to file

Pre-filing / Investigation: File with the Office of the City/Provincial Prosecutor or the investigative office handling the complaint.
After filing in court: Submit to the trial court (through the prosecutor if the case is under prosecution).
Barangay-settled cases: Attach the certified settlement and proof of compliance.

C. Tone and content tips

Keep it factual and neutral. Avoid legal conclusions.
Do not admit to being bribed or threatened; if you were, seek protection and counsel.
If the reason is payment/restoration, identify amounts, dates, and attach receipts.

8) Sample Affidavit of Desistance (template)

AFFIDAVIT OF DESISTANCE I, [Name], of legal age, [civil status], Filipino, residing at [address], after having been duly sworn, state:

That I am the complainant in [Case Title/No.] for [offense] pending before [office/court/branch].

That after reflection and for personal reasons, I am no longer interested in pursuing the aforesaid case and desist from further prosecuting the same.

[Optional] That the civil aspect has been amicably settled under the attached Compromise Agreement/Receipt and Release dated [date].

That this affidavit is executed voluntarily, without force, intimidation, or undue influence; and I understand that criminal cases are prosecuted in the name of the People, and dismissal remains subject to the prosecutor’s and the court’s discretion.

I make this statement to request the [Prosecutor/Court] to consider my desistance for the appropriate action under law. IN WITNESS WHEREOF, I have hereunto set my hand this [date] at [place]. [Signature over printed name] JURAT: Subscribed and sworn before me this [date], affiant exhibiting [ID type/number/date/issuer]. Notary Public

(Customize to your facts; attach settlement documents if any.)

9) Strategic considerations for lawyers and parties

Assess evidence independently: If the State has strong independent evidence, an AoD may not help and could even appear suspect.
Document settlements properly: If the goal is civil peace, execute a clear compromise with payment proofs and quitclaims, then reference it in the AoD.
Mind special laws: For VAWC, trafficking, child protection, anti-sexual harassment, anti-graft, and similar laws, prosecutors and judges typically reject AoDs as a basis to drop cases.
Protect the affiant: Where coercion is a risk, consider protection orders, victim assistance units, or in-camera proceedings instead of desistance.
Perjury & obstruction: False desistance or paid recantations can lead to perjury or obstruction of justice.
Costs and timing: Filing an AoD early (before information is filed) is procedurally simpler than seeking dismissal after arraignment. Late-stage dismissals may require additional motions and can implicate double jeopardy concerns if not carefully crafted.

10) Quick answers to frequent questions

Q: Will my case be dismissed if I file an AoD? A: Not automatically. It depends on the law and whether the State can still prove the case without you.
Q: Can we settle and stop criminal charges? A: You may settle the civil aspect anytime. Stopping criminal charges is possible only when the law allows (limited scenarios) or when evidence becomes insufficient due to your unavailability plus lack of other proof.
Q: Do I need a lawyer? A: You’re not required to have one to sign an AoD, but legal counsel is strongly recommended to protect your interests, properly address the civil aspect, and navigate prosecutor/court scrutiny.

11) Key takeaways

An AoD is a request, not a right to dismissal.
It is most impactful when the complainant’s testimony is indispensable and there is no other strong evidence.
It does not automatically erase civil liability; settle or reserve civil claims expressly.
For many special/public-policy crimes, desistance carries little to no effect on the criminal case.
Draft carefully, notarize, submit to the proper office, and align it with a clear civil settlement strategy where appropriate.

If you want, I can turn your facts into a tailored affidavit and filing cover letter, or convert the template into a fill-in-the-blanks Word file ready for notarization.