Quick answer

An affidavit of desistance is a sworn statement in which a complainant explains that they no longer wish to pursue a complaint or cooperate in its prosecution. It should identify the case accurately, state the complainant’s present position truthfully and in their own words, explain the reason for desistance without concealing material facts, confirm that the decision is voluntary, and be signed under oath before an authorized notary or other officer permitted to administer oaths.

It does not automatically withdraw or dismiss a criminal case. Criminal cases are prosecuted in the name of the People of the Philippines and ordinarily remain under the prosecutor’s direction and control. Once a complaint or information has been filed in court, dismissal is for the court to decide. Courts also treat affidavits of desistance or recantation cautiously because they may result from pressure, intimidation, payment, or an attempt to suppress truthful evidence.

Do not sign one merely because the respondent, the respondent’s lawyer, police personnel, relatives, or another person prepared it for you. Read every sentence, correct anything inaccurate, and obtain independent legal advice—especially if the affidavit changes an earlier sworn statement.

Understand what the affidavit can—and cannot—do

An affidavit of desistance may inform the prosecutor, investigating agency, or court that:

You no longer wish to pursue the complaint;
The dispute has been settled or the loss has been paid;
You no longer intend to participate voluntarily as a witness;
A misunderstanding has been resolved; or
You need to correct or withdraw specific assertions in an earlier statement.

Its legal effect depends on the offense, the evidence, the procedural stage, and the affidavit’s actual contents.

Under Rule 110 of the Rules of Criminal Procedure, criminal actions are prosecuted under the direction and control of the public prosecutor. In Crespo v. Mogul, the Supreme Court held that after a complaint or information is filed in court, disposition of the case—including dismissal—rests in the court’s sound discretion.

Consequently:

Before a case reaches court: The investigating prosecutor may consider the affidavit together with all other evidence when deciding whether a case should be filed or continued.
After an information is filed: The affidavit should be brought to the prosecutor and court, normally through the appropriate filing or motion. The complainant cannot dismiss the case personally.
After testimony or conviction: A later retraction receives especially careful scrutiny and ordinarily will not erase earlier credible testimony by itself.
In an administrative case: Desistance generally does not compel dismissal. The government agency may continue investigating misconduct to protect the public service.
For civil liability: Settlement or waiver of a private monetary claim does not necessarily extinguish criminal liability. Conversely, dismissal or acquittal in the criminal case does not always eliminate every possible civil claim.

The Supreme Court has repeatedly stated that courts look with disfavor on affidavits of desistance and retraction. In Manuel v. People, however, the Court explained that an affidavit may receive weight in exceptional circumstances when it expressly repudiates material allegations and is supported by other facts that create serious doubt. That decision should not be treated as a guarantee that another case will be dismissed.

Distinguish desistance from recantation

These documents are related but not identical:

Desistance usually means that the complainant no longer wants to pursue or participate in the case.
Recantation or retraction means that the complainant or witness withdraws, contradicts, or corrects an earlier factual statement or testimony.
Settlement, release, or quitclaim addresses private obligations or claims and may require a separate document.
A motion to dismiss or withdraw an information is procedural relief requested from the court, ordinarily by the prosecutor—not something an affidavit alone accomplishes.

This distinction matters. Saying “I have been paid and no longer wish to pursue the complaint” is not the same as saying “the incident never happened.” Never include the second statement unless it is true.

Check the case status before drafting

Obtain the following information first:

The exact name of the investigating office, agency, or court;
The NPS, I.S., criminal, barangay, police, or administrative docket number;
The full names of the complainant and respondent or accused as they appear in the record;
The offense or complaint stated in the documents;
The date and office where the original complaint was filed;
Whether a prosecutor’s resolution or an information has already been issued;
Whether the accused has been arraigned;
Whether the complainant has already testified; and
Whether subpoenas, hearings, protection orders, or other directives remain outstanding.

Do not rely solely on what the other party says about the status of the case. Ask the docket section, prosecutor’s office, investigating agency, or branch clerk of court to confirm it.

There is no single nationwide deadline that applies to every affidavit of desistance. Nevertheless, delay can substantially reduce its practical value. File it promptly, before the next scheduled proceeding if possible, while continuing to obey all subpoenas and court orders unless the issuing authority excuses you.

Decide exactly what you can truthfully say

Before writing, identify the real reason for your decision. Common situations include:

Full or partial restitution;
A private settlement;
A genuine misunderstanding;
Newly discovered documents;
An error in the original account;
Reconciliation between the parties;
Personal reluctance to continue; or
Fear, threats, family pressure, financial pressure, or coercion.

Do not describe coercion as voluntary reconciliation. If anyone threatened you, harmed you, withheld money or property, pressured you through your employer or family, or required an affidavit as a condition for safety or support, do not sign the prepared document. Preserve the evidence and seek help immediately.

If the original complaint was accurate but you no longer wish to participate, say that plainly. Do not falsely deny the incident merely to strengthen a request for dismissal. A knowingly false material statement made under oath may create exposure under Article 183 of the Revised Penal Code, apart from other possible consequences.

Information the affidavit should contain

A careful affidavit normally includes the following.

Caption

Use the caption appropriate to the receiving office. If a criminal case is already in court, copy the court, branch, case title, and case number exactly from the latest order or information.

If the matter remains with the prosecutor, a simpler caption may identify the Office of the City or Provincial Prosecutor and the investigation docket number.

Affiant’s identity

State your:

Full legal name;
Age or confirmation that you are of legal age;
Citizenship;
Civil status, when relevant; and
Residence, at least to the extent required for identification and filing.

In sensitive cases, particularly those involving children, sexual offenses, trafficking, or violence, consult the receiving office before placing a full home address or protected identifying information in a publicly accessible filing.

Connection to the case

State that you are the complainant or offended party and identify:

The respondent or accused;
The offense or nature of the complaint;
The docket or case number; and
The office or court where it is pending.

Accurate account of the present circumstances

Explain briefly and specifically why you are desisting. Distinguish among these possibilities:

The complaint was truthful, but you no longer wish to participate;
The civil obligation has been settled;
Particular statements in the original affidavit were mistaken;
You lack personal knowledge of specified allegations; or
You discovered evidence requiring correction.

If correcting an earlier statement, identify the exact paragraph, assertion, date, amount, transaction, or event being corrected. A blanket declaration that “everything was false” may appear unreliable and can create serious legal consequences.

Voluntariness

State only if true that:

You understand the document;
You are acting freely;
No one threatened, intimidated, or improperly influenced you; and
No undisclosed promise or consideration caused you to make a false statement.

A lawful settlement may be disclosed rather than hidden. Attach or identify the settlement document if it is relevant and your lawyer advises doing so.

Requested action

Use restrained language, such as asking the prosecutor or court to consider the affidavit and take whatever action is proper under the law. Avoid declaring that the case “is hereby dismissed,” because the affiant does not have that power.

Truth and oath

Confirm that the statements are true and based on your personal knowledge or authentic records. The affidavit must then be properly signed and sworn.

Adaptable sample form

The form below is a starting point, not a substitute for advice based on the actual case. Delete every option that does not apply.

REPUBLIC OF THE PHILIPPINES [CITY/MUNICIPALITY]

[NAME OF OFFICE OR COURT] [Branch, if applicable]

[CASE TITLE] [Docket or Case No.]

AFFIDAVIT OF DESISTANCE

I, [FULL NAME], of legal age, [citizenship], [civil status, if relevant], and residing at [address or permitted identifying address], after having been duly sworn in accordance with law, state:

I am the [complainant/offended party] in the complaint or case entitled [case title], docketed as [complete docket or case number], involving [name of respondent or accused] and the alleged offense of [offense].

On [date], I executed or filed [identify the complaint-affidavit or statement] before [office or agency].

Since then, the following circumstances have occurred: [state the relevant facts accurately, including any settlement, payment, reconciliation, newly discovered document, or correction].

[Choose and adapt only the statement that is true:]

My decision not to pursue the complaint does not mean that I am declaring the reported incident untrue. I am stating only that [explain present position]; or

I need to correct the following material statement in my earlier affidavit: [quote or identify it briefly]. The accurate fact is [truthful correction and basis]; or

The private financial obligation described in the complaint has been [fully/partly] settled, as shown by [identify receipt, agreement, or proof].

I no longer wish to pursue the complaint or participate voluntarily in its prosecution, subject to lawful subpoenas, orders, and the authority of the prosecutor or court.

I understand that this affidavit does not by itself dismiss the complaint or criminal case and that the proper authorities may continue the proceedings if justified by law and the evidence.

I am executing this affidavit voluntarily, after reading and understanding it. No person has threatened or forced me to make any statement in this affidavit. [If a lawful settlement exists, disclose it accurately instead of making an inconsistent statement.]

I respectfully request that this affidavit be considered together with the complete records and that the prosecutor or court take such action as may be proper under the law.

The statements above are true and correct based on my personal knowledge and authentic records.

IN WITNESS WHEREOF, I have signed this affidavit on [date] in [city or municipality], Philippines.

[Signature over printed name of affiant]

SUBSCRIBED AND SWORN TO before me on [date] in [place], the affiant personally appearing and presenting [identification details, as permitted by the applicable notarial rules].

[Notarial block]

Do not copy statements that are not true. The notary may require changes to the jurat or identification portion.

Have the affidavit properly notarized

An affidavit must be sworn before an officer authorized to administer oaths. For ordinary notarization, the affiant must comply with the 2004 Rules on Notarial Practice, including personal appearance and satisfactory proof of identity.

Practical precautions include:

Bring the original acceptable identification requested by the notary;
Bring the unsigned affidavit unless the notary instructs otherwise;
Sign in the notary’s presence;
Do not use a blank or incomplete affidavit;
Check that every page belongs to the same document;
Initial handwritten corrections, if the notary permits them;
Ensure the jurat, notarial seal, commission details, document number, page number, book number, and series are completed; and
Obtain a complete copy after notarization.

Remote or electronic notarization is governed by separate Supreme Court rules and technical requirements. Do not assume that an emailed signature, video call, scanned jurat, or electronic signature is sufficient. Confirm with a duly commissioned notary and the receiving office whether the electronic process used is legally authorized and acceptable for that filing.

File it with the correct authority

If the complaint is still with the police or another investigating agency

Provide the notarized affidavit to the investigator and ask where the original must be formally filed. A police officer’s receipt of the document does not necessarily place it in the prosecutor’s or court’s record.

If a preliminary investigation is pending

File it with the docket or records section of the Office of the City, Provincial, or State Prosecutor handling the complaint. Use the complete investigation docket number. The DOJ’s current framework for preliminary investigations is found in DOJ Department Circular No. 15, series of 2024.

Ask whether the office requires:

A covering manifestation or motion;
Additional copies;
Service on the respondent or counsel;
A filing fee;
A scheduled clarificatory appearance; or
Any office-specific data or filing form.

Requirements can vary by type of proceeding and office. Obtain a stamped receiving copy or official electronic acknowledgment.

If an information has already been filed in court

Do not simply leave the affidavit with the accused or defense counsel. Coordinate with the public prosecutor and, preferably, your own lawyer. The document may need to be attached to a manifestation or motion and formally filed with the branch clerk of court, with copies served as required.

Even if the prosecutor moves to dismiss or withdraw the information, the judge must independently evaluate the request. Continue appearing when subpoenaed unless the court expressly excuses you.

If the matter is administrative, labor-related, or before another agency

Follow that agency’s rules. An affidavit of desistance in a criminal case does not automatically withdraw a labor, professional-disciplinary, civil-service, school, military, police, or other administrative proceeding—and vice versa.

Evidence to preserve

Keep the originals or reliable copies of:

The complaint-affidavit and supporting documents;
The affidavit of desistance;
Settlement agreements, releases, receipts, bank records, and proof of payment;
Court orders, prosecutor’s resolutions, subpoenas, notices, and hearing dates;
Messages or letters concerning the request to desist;
Drafts sent by the respondent or the respondent’s representatives;
Recordings, screenshots, call logs, and witness details relating to pressure or threats;
Identification presented for notarization;
The stamped receiving copy or electronic filing acknowledgment; and
Proof that required parties were served.

Preserve electronic evidence in its original form where possible. Do not crop away dates, account information, message context, or metadata, and do not delete the original conversation after taking screenshots.

Special situations requiring extra care

Violence, sexual offenses, trafficking, or child abuse

Do not assume that reconciliation, marriage, family pressure, or financial support ends the prosecution. Many such offenses are matters of public concern and may proceed despite desistance. Rape, for example, is prosecuted as a crime against persons, and the Supreme Court has held that an affidavit of desistance is not by itself a ground for dismissal: see People v. Orje.

If the complainant is a child, the child should not be asked to sign a document prepared by or for the accused without independent counsel and appropriate protective assistance.

Adultery and concubinage

These offenses have special complaint requirements under Rule 110 and Article 344 of the Revised Penal Code. Consent or pardon can have consequences that depend on timing and the precise facts. Obtain legal advice before using a standard desistance form.

Existing protection, custody, or support orders

A desistance affidavit does not automatically cancel a protection order, bail condition, custody directive, support order, or no-contact restriction. Only the competent authority may modify or lift its order.

A complainant who already testified

Changing sworn testimony is more serious than merely expressing a desire not to continue. The court may compare the affidavit with the original complaint, testimony, physical evidence, and surrounding circumstances and may require the affiant to appear for questioning.

Settlement involving money or property

Record the true terms. Do not sign a statement saying “nothing was paid” if payment was made, or “fully settled” if performance remains incomplete. Consider making the desistance effective only after cleared payment or completed performance, with a lawyer preparing the settlement terms.

Common mistakes

Avoid:

Assuming notarization automatically dismisses the case;
Using the wrong docket number, party name, offense, court, or branch;
Saying the original complaint was false when the real reason is settlement;
Signing a document written in a language you do not understand;
Signing blank pages or leaving material blanks;
Hiding payment, threats, or promises;
Filing only with the police when the matter is already with the prosecutor or court;
Giving the only original to the opposing party;
Ignoring subpoenas after filing the affidavit;
Combining desistance, recantation, waiver, and settlement language without understanding each effect;
Waiving civil claims unintentionally; or
Assuming a private agreement can bind the prosecutor or judge.

When legal help is urgent

Speak to an independent lawyer, the Public Attorney’s Office if eligible, or an appropriate victim-support service before signing when:

You are being threatened, followed, harmed, or pressured;
The accused or their lawyer drafted the affidavit;
You received or were promised money, employment, housing, support, or another benefit;
You are being asked to deny an incident that occurred;
You previously testified under oath;
The case involves a child, sexual violence, trafficking, domestic violence, serious injury, or death;
A protection order or no-contact order exists;
You cannot read or fully understand the document;
You are unsure whether the settlement protects your civil claim;
A hearing, arraignment, or subpoena deadline is near; or
You fear that an earlier or proposed statement may be false.

In immediate danger, contact the police or the appropriate emergency and protective services. Do not alert the person threatening you if doing so may increase the danger.

Frequently asked questions

Will the case be dismissed after I sign?

Not necessarily. The prosecutor may continue the investigation, and a court may continue a filed case if other evidence supports prosecution. The affidavit is evidence for consideration, not an automatic dismissal order.

Can I prepare it myself?

Yes, but the wording can affect criminal and civil rights. Independent legal review is strongly advisable when the case is already in court, the original statement is being changed, or the matter involves violence, children, substantial money, or possible coercion.

Must I explain why I am desisting?

A bare statement of “loss of interest” may carry little weight. A truthful, specific explanation helps the prosecutor or court evaluate the request. Do not disclose protected information unnecessarily or invent reasons to make the document appear stronger.

Does settlement end criminal liability?

Usually not by itself. Settlement may resolve or reduce a private civil dispute and may affect the available evidence, but the State generally controls the criminal prosecution. The result depends on the offense and the procedural record.

Can I refuse to attend the next hearing after filing?

Not if you have been lawfully subpoenaed or ordered to appear. Ask the prosecutor or court whether your appearance is still required. Only the proper authority can excuse nonappearance.

Can I withdraw the affidavit later?

You may execute another truthful sworn statement explaining the change, but repeated reversals can seriously damage credibility. If the first affidavit resulted from coercion or contained false statements, seek legal advice immediately and preserve proof of what happened.

Is a barangay withdrawal enough?

It may close or document the status of a barangay matter, depending on the proceeding, but it does not necessarily terminate a complaint already pending before a prosecutor, court, or government agency. File the appropriate document with every authority that actually has the matter.

Should the affidavit say that I “pardon” the accused?

Not routinely. “Pardon,” “waiver,” “release,” and “desistance” can have different legal consequences. State the facts and your actual intention instead of using broad legal language you may not mean.

Before submitting: final checklist

Confirm that:

Every statement is true;
The correct office, court, branch, and docket number appear;
The affidavit clearly distinguishes desistance from recantation;
Any settlement is described accurately;
No unintended waiver of civil rights is included;
Voluntariness language is truthful;
All attachments are identified and complete;
The document was properly sworn and notarized;
Copies and service requirements were checked with the receiving office;
You kept a complete copy and proof of filing; and
You will still comply with subpoenas and orders.

This article provides general legal information, not legal advice or a prediction of how a prosecutor or court will rule. The effect of an affidavit of desistance depends on the offense, evidence, documents, and procedural stage. Primary legal and procedural sources were checked as of September 3, 2026.