Quick answer

An affidavit of desistance is a sworn statement saying that a complainant no longer wishes to pursue a complaint or support its prosecution. It must be truthful, voluntary, signed under oath, properly notarized, and filed with the office handling the matter.

However, it does not automatically withdraw or dismiss a Philippine criminal case. Criminal prosecutions are brought in the name of the People of the Philippines. Once a complaint reaches the prosecutor or an Information is filed in court, the prosecutor evaluates the evidence and the court controls dismissal. The case may continue using documents, medical findings, messages, CCTV footage, police testimony, or other witnesses even if the complainant desists.

Never state that the original complaint was false unless that is genuinely true and can be explained. A knowingly false statement under oath may constitute perjury.

What an affidavit of desistance actually does

The affidavit informs the authorities of the complainant’s present position. Its legal effect depends on the kind of proceeding and its current stage.

Situation	Who decides what happens	Usual effect of the affidavit
Police or NBI investigation only	Investigating agency and prosecutor	May affect whether investigators recommend charges, but does not erase the report or evidence
Complaint pending with a prosecutor	Investigating prosecutor	Considered together with all remaining evidence; the prosecutor may dismiss or proceed
Criminal Information already filed in court	Public prosecutor and judge	Does not dismiss the case by itself; a motion and court order are normally required
Accused already convicted	Appellate or reviewing court	Recantations and post-conviction desistance are treated with particular suspicion
Administrative complaint	Agency, disciplinary body, Ombudsman, court, employer, or regulator	Usually does not automatically terminate an investigation involving public accountability
Ordinary civil case	Plaintiff and court under Rule 17	A notice or motion to dismiss—not merely an affidavit—is normally required
Barangay dispute	Punong Barangay, Lupon, or Pangkat	The barangay records the withdrawal, but an existing kasunduan or settlement has separate legal effects

A desistance is also different from:

Recantation, where a person withdraws or changes a previous factual statement or testimony.
Pardon, which has a limited legal effect in certain private offenses.
Waiver of civil liability, where the injured party gives up a monetary or property claim.
Compromise agreement, where the parties settle defined civil obligations.
Motion to dismiss, which formally asks a prosecutor, court, or agency to end a proceeding.

Philippine law on withdrawing a criminal complaint

The prosecutor controls the prosecution

Section 5, Rule 110 of the Revised Rules of Criminal Procedure provides that criminal actions are prosecuted under the direction and control of the prosecutor. The private complainant is an important witness and may pursue the related civil claim, but does not personally own the criminal case.

At the preliminary-investigation stage, prosecutors apply Department of Justice Department Circular No. 015, series of 2024. The Supreme Court recognized and later upheld the DOJ’s authority to issue these rules in A.M. No. 24-02-09-SC and G.R. No. 280455. The prosecutor must evaluate whether the available evidence meets the required standard; the complainant’s loss of interest is only one part of that evaluation.

Settlement does not normally extinguish the criminal case

Article 2034 of the Civil Code allows a compromise concerning civil liability arising from an offense, but says that the compromise does not extinguish the public action for the legal penalty. Article 23 of the Revised Penal Code similarly provides that pardon by the offended party generally does not extinguish the criminal action, although an express waiver can affect the injured party’s civil interest.

This means that repayment, reconciliation, an apology, or an agreement over damages may settle the private financial dispute without necessarily ending prosecution. For example, returning money may be relevant to the evidence or civil liability in an estafa complaint, but it does not automatically erase an offense that was already completed.

Courts treat desistance and recantation cautiously

The Supreme Court has repeatedly warned that affidavits of desistance can be obtained through pressure, intimidation, family influence, or payment. In People v. Orje, the Court reiterated that an affidavit of desistance is not by itself a ground for dismissing a rape prosecution. In Manuel v. People, it emphasized that affidavits executed after conviction are viewed with disfavor, suspicion, and reservation.

This does not mean every affidavit is ignored. A prompt, detailed, credible affidavit correcting a genuine mistake may materially affect a case, especially if objective records support the correction. But the prosecutor or court will compare it with the original statement, surrounding circumstances, and independent evidence.

Important exceptions and special situations

Private offenses

Rule 110 contains special complaint requirements for adultery, concubinage, seduction, abduction, and certain acts of lasciviousness. For example, adultery and concubinage generally require a complaint by the offended spouse, subject to rules on consent, pardon, and including the alleged guilty parties.

These exceptions are narrow. A qualifying pardon ordinarily must occur before the criminal action is instituted to prevent prosecution. A late affidavit should not be assumed to extinguish an existing case.

Rape is now classified as a crime against persons under Republic Act No. 8353, the Anti-Rape Law of 1997, rather than an offense that can ordinarily be stopped by a complainant’s desistance. Cases involving children may also fall under Republic Act No. 7610 and other protective laws.

Violence against women and their children

Section 25 of Republic Act No. 9262 classifies violence against women and their children as a public offense. A victim’s affidavit of desistance therefore does not automatically cancel a VAWC prosecution or an existing protection order.

A protection order remains effective until it expires, is modified, or is lifted by the issuing authority. Reconciliation alone should not be treated as permission to disregard its terms.

Administrative and disciplinary complaints

Desistance normally does not bind an agency investigating misconduct by a public officer, lawyer, judge, police officer, licensed professional, or employee. The complainant may be treated as a witness, while the government or institution retains an independent interest in determining accountability.

File the affidavit with the exact agency handling the matter and follow that agency’s procedural rules. Do not assume that dismissal of a related criminal complaint ends the administrative case.

Civil cases

An affidavit of withdrawal is not the standard method for dismissing an ordinary civil action. Under Rule 17 of the 2019 Amendments to the Rules of Civil Procedure:

Before the defendant serves an answer or motion for summary judgment, the plaintiff may generally file a notice of dismissal.
At a later stage, dismissal normally requires a motion and court order, subject to conditions imposed by the court.
A defendant’s counterclaim may survive the plaintiff’s dismissal.
A second voluntary dismissal of the same claim may operate as an adjudication on the merits under the two-dismissal rule.

The pleading should be prepared according to the status of the particular civil case.

How to execute and file an affidavit of desistance

1. Confirm exactly where the matter is pending

Obtain the correct:

Police, NBI, barangay, prosecutor, agency, or court docket number
Full names of the complainant and respondent or accused
Offense or nature of the complaint
Assigned prosecutor, court branch, or agency division
Current status and next hearing, conference, or submission date

If the matter has moved from the police to the prosecutor or from the prosecutor to court, filing only with the earlier office may accomplish nothing.

2. Decide what you are truthfully saying

There is an important difference between these positions:

“The incident happened, but I no longer wish to participate.”
“We have settled the civil or financial aspect.”
“I made a factual mistake in my original statement.”
“My original affidavit was signed without full understanding.”
“I was pressured to file—or am now being pressured to withdraw—the complaint.”

State only the position that is true. If correcting facts, identify the precise statement being corrected, explain why it was wrong, and attach reliable supporting records. Do not use vague wording that falsely suggests the entire complaint was fabricated.

3. Include the necessary contents

There is no single statutory form for every case, but a properly prepared affidavit normally contains:

The affiant’s full name, age or confirmation of legal age, citizenship, civil status, and address
The office, case title, docket number, and offense or subject matter
The affiant’s relationship to the case
A clear statement of what the affiant is withdrawing or no longer pursuing
The truthful reason for the decision
An explanation of any settlement, repayment, reconciliation, mistake, or changed circumstances
A statement that the affidavit is voluntary and was not obtained through threats or improper pressure—if true
Confirmation that the affiant understands the prosecutor, court, or agency may still proceed
The requested action
The place and date of execution
The affiant’s signature
A proper jurat, meaning the notarial certificate showing that the affiant personally appeared, signed, and swore to the truth of the affidavit

An affidavit should not promise to ignore a subpoena, refuse to attend court, conceal evidence, or lie on the witness stand.

4. Prepare the supporting documents

Document	Why it may be needed
Current government-issued photo ID bearing a signature	Establishes identity before the notary
Complaint, subpoena, resolution, or court order	Confirms the correct case and docket number
Original complaint-affidavit	Allows precise identification of any statement being corrected
Settlement agreement and proof of payment	Documents the civil settlement without misrepresenting it
Medical, digital, financial, or official records	Supports a genuine factual correction
Proof of authority for a corporation or organization	Shows that the person signing has proper authority
Translation and authentication documents	May be required when executed abroad or written in another language

A parent cannot automatically retract a competent victim’s personal testimony simply by signing on the victim’s behalf. Minors and vulnerable witnesses require careful, case-specific handling.

5. Appear personally before the notary

Under the 2004 Rules on Notarial Practice, the signatory must personally appear before the notary and be personally known or identified through competent evidence of identity. For a paper affidavit, bring at least one current official identification document bearing your photograph and signature.

Do not:

Sign through a representative
Ask someone to have a previously signed affidavit notarized without you
Leave material blanks
Use another person’s identification
Sign a document you cannot read or understand

Ask for an explanation or translation before signing. A jurat certifies that you swore to the truth of the contents; it is not a mere signature-witnessing service.

6. File it with the correct office

Submit the required original and copies to the receiving or docket section of the office handling the matter. Ask for a copy marked with the date, receiving stamp, and name or initials of the receiving personnel.

Depending on the stage, the proper route may be:

Police or NBI: investigating unit and, if already endorsed, the prosecutor’s office
Prosecutor: docket or records section, with the assigned investigating prosecutor identified
Pending criminal case: public prosecutor and court branch, usually accompanied by the appropriate manifestation or motion
Administrative case: designated records, legal, disciplinary, or adjudication office
Barangay: Punong Barangay, Lupon secretary, or Pangkat handling the dispute

Do not privately approach the judge to discuss the merits. Communications with the court must be placed on the record and properly furnished to the other parties when required.

7. Continue complying until there is written action

Keep attending scheduled proceedings and obey subpoenas unless the prosecutor, court, or agency formally excuses you. A filed affidavit does not cancel a hearing, arrest warrant, protection order, deadline, or subpoena.

Obtain a copy of any resolution, dismissal order, or other written action. Verbal assurances from the accused, a lawyer, police officer, fixer, or court employee are not a substitute for an official order.

If the affidavit will be signed abroad

A person outside the Philippines may generally use either of these routes:

Execute the affidavit before a Philippine Embassy or Consulate that provides notarial services; or
Sign before an authorized foreign notary and obtain an apostille from the competent authority if the country is a party to the Apostille Convention.

DFA guidance confirms that consular officers may perform a jurat for qualified persons who personally appear and present identification. Requirements, appointments, fees, translations, and nationality restrictions differ by post, so check the relevant embassy or consulate’s current instructions. The DFA’s official guidance on overseas notarization and apostilles illustrates these requirements.

Documents from a non-Apostille country may require the applicable chain of local authentication and Philippine consular legalization. Send the original authenticated document to the Philippine lawyer or receiving office and confirm whether advance electronic filing is accepted.

Fees and processing time

There is no uniform nationwide private-notary fee. Charges depend on the document, location, number of copies, and professional work required. Overseas consular and apostille charges also vary.

The DOJ’s posted schedule currently lists a legal fee for an affidavit of desistance of ₱500 when for the prosecutor’s office or RTC and ₱300 when for the MTC. Confirm the applicable assessment with the receiving office because the fee category and local collection procedure may depend on where the case is pending. Pay only through an authorized cashier or channel and obtain an official receipt.

Notarization can usually be completed during the personal appearance if the affidavit and identification are complete. The decision on the case has no fixed desistance-based timeline: the prosecutor, judge, or agency may require verification, a hearing, additional evidence, or a formal motion before acting.

Deadlines that people often misunderstand

There is no single general deadline for executing an affidavit of desistance. Filing promptly is nevertheless important because the prosecutor may issue a resolution, the court may proceed with trial, or evidence may become harder to preserve.

An affidavit does not stop:

A scheduled hearing or preliminary-investigation deadline
The running of an appeal or reconsideration period
Compliance with a subpoena
Enforcement of an arrest warrant or protection order
The prescriptive period of a separate claim, unless a law specifically provides otherwise

Rule 117, Section 8 has separate rules for a provisional dismissal ordered by a criminal court. Such dismissal requires the accused’s express consent and notice to the offended party. Subject to the rule’s requirements, it becomes permanent after one year for offenses punishable by imprisonment not exceeding six years or a fine of any amount, and after two years for offenses punishable by more than six years, if the case is not revived. These periods do not begin merely because an affidavit was signed.

For a barangay settlement, Section 416 of Republic Act No. 7160 provides a different ten-day period: a party claiming that consent to a kasunduan was obtained through fraud, violence, or intimidation must repudiate it by filing a sworn statement with the Lupon chair within ten days from the settlement. This is not an ordinary affidavit-of-desistance deadline.

Evidence to preserve even if you want to withdraw

Keep original and backup copies of:

The complaint, affidavits, subpoenas, and official receipts
Medical records, medico-legal reports, and photographs
Messages, emails, call logs, and social-media communications
CCTV or dashcam files in their original format
Bank records, receipts, contracts, and proof of repayment
Settlement drafts and final signed agreements
Messages or recordings concerning offers, threats, or pressure to desist
The notarized affidavit and stamped proof of filing
Every prosecutor’s resolution and court or agency order

Do not delete or edit evidence after deciding to desist. The matter may continue, the settlement may fail, or the voluntariness of the affidavit may later be questioned.

Common mistakes to avoid

Assuming notarization automatically dismisses the case
Filing the affidavit only with the police after the case has moved to the prosecutor or court
Saying “the complaint was false” merely because payment was made
Using a generic online form that omits the docket number or actual reason
Signing a document prepared entirely by the accused without independent review
Accepting unreceipted “processing” payments demanded by a fixer
Failing to disclose a settlement when the affidavit says no consideration was received
Ignoring subpoenas or hearings after filing
Waiving all civil claims without understanding the amount and consequences
Believing that reconciliation automatically lifts a protection order
Destroying messages, medical records, receipts, or recordings
Signing while threatened, intoxicated, sedated, or unable to understand the document

A knowingly untruthful material statement in an affidavit may fall under Article 183 of the Revised Penal Code, as amended by Republic Act No. 11594, which increased the penalties for perjury.

When legal or protective help is urgent

Do not sign if someone is threatening you, withholding money or property, pressuring your children, or demanding that you falsely recant. Preserve the communications and report the pressure to the assigned prosecutor, police, NBI, or court.

Urgent assistance is especially important when:

The complaint involves rape, child abuse, trafficking, domestic violence, or serious physical harm
A minor or person with impaired capacity is being asked to sign
The accused’s release or a protection order may affect immediate safety
Money is offered in exchange for a false statement
The original complaint contains an error that may expose the complainant to liability
Trial, arraignment, promulgation, appeal, or prescription deadlines are near
The affidavit will waive a substantial civil claim
The complainant is abroad and the receiving office has document-authentication requirements

A threatened material witness may also ask the prosecutor about the DOJ’s Witness Protection, Security and Benefit Program, established under Republic Act No. 6981.

Frequently Asked Questions

Can I withdraw a criminal case after filing it?

You may state that you no longer wish to pursue it, but you cannot unilaterally withdraw a public criminal action. The prosecutor and, once an Information is filed, the court determine whether proceedings will continue.

Does an affidavit of desistance clear the accused’s record?

No. It does not automatically delete police blotters, investigative records, prosecutor dockets, warrants, or court records. Any dismissal must be reflected in an official resolution or order.

Will the case be dismissed if the complainant refuses to testify?

Not necessarily. The prosecution may rely on other admissible evidence and witnesses. A subpoena must still be obeyed unless lawfully lifted or excused.

Can the accused prepare the affidavit for the complainant?

A draft may come from another person, but the complainant must understand, independently accept, and truthfully swear to every statement. Independent legal review is particularly important when money, family pressure, or serious allegations are involved.

Can I withdraw only the civil claim?

Possibly. The injured party may waive or compromise the private civil liability, subject to rules protecting minors, estates, and other represented persons. The document should clearly separate the civil settlement from the State’s criminal action.

What if my original complaint was genuinely mistaken?

Correct it promptly and specifically. Explain which facts were wrong, how the mistake occurred, when it was discovered, and what records support the correction. Do not merely submit a one-line withdrawal.

Can an affidavit of desistance cancel a VAWC case or protection order?

Not automatically. VAWC is a public offense under RA 9262, and a protection order remains effective until the issuing authority modifies, expires, or lifts it.

Can I revoke my affidavit of desistance later?

You may submit another sworn statement explaining why the earlier affidavit should no longer be relied upon, especially if it was obtained through intimidation, deception, or mistake. Revocation does not erase the earlier document; authorities will examine both statements and the surrounding evidence.

Does the affidavit need witnesses?

Ordinary affidavits do not generally require private instrumental witnesses unless the receiving office or circumstances call for them. The essential requirement is the affiant’s personal appearance before the notary or authorized officer for the jurat.

Must a foreigner follow a different procedure?

The legal effect is generally determined by Philippine law, regardless of citizenship. The main difference is document execution: an affidavit signed abroad may require Philippine consular notarization, a foreign notarization with apostille, translation, or other authentication.

Key Takeaways

An affidavit of desistance records the complainant’s position but does not automatically dismiss a criminal or administrative case.
The affidavit must be voluntary, specific, truthful, personally sworn, and filed with the office currently handling the matter.
Settlement of civil liability normally does not extinguish the State’s criminal action.
Prosecutors, courts, and agencies examine the affidavit together with the original statement and all independent evidence.
Continue attending proceedings and obeying orders until written official action says otherwise.
Preserve every case document and any evidence of payment, reconciliation, threats, or pressure.
Special rules apply to private offenses, VAWC, child-abuse cases, civil actions, barangay settlements, and documents executed abroad.
Official laws, rules, decisions, and procedures were checked through 6 August 2026.