In the Philippine legal system, an Affidavit of Desistance is a sworn statement executed by a complainant (the person who filed the case) stating that they are no longer interested in pursuing a criminal complaint against the respondent or accused.

While it is a common tool used to end litigation, it is often misunderstood as an "automatic" dismissal button. Here is a comprehensive guide on the nature, process, and limitations of filing for desistance.

1. Nature and Purpose

An Affidavit of Desistance is essentially a formal manifestation that the complainant has lost interest in the prosecution of the case. This usually occurs due to:

An amicable settlement between the parties.
The realization that the complaint arose from a misunderstanding.
The complainant’s inability to further substantiate the claims.

The "Rule of Evidence" Status

Under Philippine jurisprudence, an Affidavit of Desistance is generally viewed with suspicion by courts and prosecutors. It is not considered a "ground for dismissal" on its own. Instead, it is treated as a piece of evidence that may weaken the prosecution's case, as it implies the complainant may no longer testify truthfully or at all.

2. When Can It Be Filed?

The timing of the filing determines the authority that will handle the request:

During Preliminary Investigation: If the case is still with the Office of the City or Provincial Prosecutor, the affidavit is submitted to the investigating prosecutor. If the prosecutor finds that, without the complainant's testimony, there is no probable cause, they may dismiss the complaint.
After Filing in Court: Once the "Information" (the formal charge) has been filed in court, the case is no longer under the sole control of the complainant. It is now the People of the Philippines vs. the Accused. The court must grant a Motion to Dismiss based on the desistance.

3. Essential Elements of the Affidavit

To be legally valid and effective, the document must include:

Title: "Affidavit of Desistance."
Parties: Full names and personal circumstances of the affiant (complainant) and the respondent.
Case Reference: The NPS Docket Number (if at the prosecutor level) or the Criminal Case Number (if in court), and the specific crime charged.
The Statement of Desistance: A clear declaration that the affiant is withdrawing the complaint and will no longer testify.
The Reason: A brief explanation (e.g., "we have settled our differences" or "the incident was a result of a misunderstanding").
Waiver of Claims: A statement that the affiant waives all civil and criminal liabilities arising from the incident.
Signature and Jurat: The affiant must sign the document in the presence of a Notary Public or an officer authorized to administer oaths (like a Prosecutor).

4. The Limitations: Why Cases Might Continue

It is a common misconception that an Affidavit of Desistance always ends a case. The State has the interest to prosecute crimes. Desistance may be ignored if:

Sufficient Independent Evidence exists: If the prosecution has other witnesses, CCTV footage, or forensic evidence that can prove guilt beyond reasonable doubt without the complainant’s testimony, the case may proceed.
Public Interest Crimes: For serious felonies (e.g., Murder, Rape, or Large-scale Estafa), the court is highly unlikely to dismiss a case based solely on the victim's change of heart.
Coercion: If the court suspects the complainant was threatened or paid off to drop the charges, the desistance will be scrutinized.

5. Step-by-Step Filing Process

Step 1: Preparation

Draft the affidavit. It is highly recommended to have a lawyer review it to ensure it does not inadvertently incriminate the complainant (e.g., admitting to perjury or filing a false suit).

Step 2: Execution

Sign the document before a Notary Public. If the complainant is abroad, it must be "consularized" or "apostilled" at the nearest Philippine Consulate.

Step 3: Submission

At the Prosecution Level: File the original copy with the handling Prosecutor and provide a copy to the respondent.
At the Trial Level: The defense lawyer usually files a Motion to Dismiss or Motion to Quash, attaching the Affidavit of Desistance as the primary ground. The judge will then set a hearing to verify if the desistance was "voluntarily and intelligently" executed.

Step 4: Verification

In court, the judge often requires the complainant to appear personally. The judge will ask questions to ensure the complainant was not forced or intimidated into signing the document.

6. Crucial Distinction: Desistance vs. Recantation

Desistance: "I am no longer interested in pursuing this case."
Recantation: "Everything I said earlier was a lie."

A Recantation is much more dangerous for a complainant, as it can lead to charges of Perjury or False Testimony. An Affidavit of Desistance is generally the safer route for those wishing to settle, as it focuses on the "lack of interest" rather than the "falsity" of the original claim.

Summary Table

Feature	Details
Legal Effect	Not an automatic dismissal; subject to court/prosecutor approval.
Required Format	Written, sworn, and notarized.
Civil Liability	Usually extinguished along with the criminal complaint.
Role of the State	The State can continue the case if other evidence is sufficient.
Best Timing	Before the Information is filed in court for easier dismissal.