How to Withdraw a VAWC Case Before Pre-Trial in the Philippines

(Violence Against Women and Their Children cases under R.A. 9262)

Important: This article is for general legal education only. Laws, rules, and jurisprudence may change or be interpreted differently in specific situations. Always consult a qualified Philippine lawyer for advice on your particular case.

1. Legal Framework

Source of Law	Key Points
Republic Act No. 9262 (Anti-VAWC Act of 2004)	Criminalizes physical, sexual, psychological and economic violence committed by a spouse, former spouse, or a person with whom the woman has or had a dating or common-law relationship, or with whom she shares a child.
Rules on Criminal Procedure (Revised Rules of Court)	Governs withdrawal and dismissal of criminal actions, especially Rules 110 & 117.
Department of Justice (DOJ) Circulars	Outlines prosecutors’ discretion to move for dismissal despite an Affidavit of Desistance (AOD).
Jurisprudence (e.g., People v. Dizon, G.R. 212774, 13 Jan 2021)	Confirms that VAWC is a public offense; an AOD is not binding on the State or the court.

2. Stages of a VAWC Complaint and Where “Withdrawal” May Occur

Barangay/Katarungang Pambarangay Stage A BPO (Barangay Protection Order) may issue. Withdrawal here affects only the BPO, not any criminal complaint already filed with the prosecutor.
Preliminary Investigation (Prosecutor’s Office) The complainant may submit an AOD before the prosecutor resolves probable cause. The prosecutor may:
- Dismiss outright if the AOD is credible and there is no independent evidence, or
- Proceed if public interest so demands.
Filing of the Information & Raffling to Court Once an Information is filed, the case is People of the Philippines vs Accused. The court now controls the action.
Before Arraignment / Pre-Trial The accused has not yet entered a plea; this is the last point at which a motion to withdraw/dismiss may avoid trial proper.

3. Procedural Routes to Withdrawal Before Pre-Trial

A. Affidavit of Desistance (AOD)

Step	Practical Notes
Draft AOD stating free-will, absence of intimidation, reason for desistance (e.g., reconciliation, financial settlement, best interest of children).	Must be subscribed and sworn before a prosecutor or notary public. Perjury liability applies.
File AOD with: 1) Office of the City/Provincial Prosecutor (if case still under review), or 2) Court where Information is pending (if already filed).	Attach proof of identity and, if possible, joint manifestation signed by both parties.

Effect:

At prosecutor level – may convince the prosecutor to file a Motion to Withdraw Information instead of proceeding.
At court level – becomes supporting evidence for a Motion to Dismiss (usually filed by the prosecutor) or a Demurrer to Evidence after arraignment (less common before pre-trial).

B. Motion to Withdraw Information (by the Prosecutor)

Prosecutor evaluates AOD and the entire record.
If convinced that “there is no sufficient evidence to prosecute,” he/she files a motion under Rule 110, §5.
Court hearing: Judge must determine if the motion is meritorious; dismissal is not automatic.

C. Motion to Dismiss Information (by the Accused)

Allowed before arraignment on any of the Rule 117 grounds—e.g., lack of jurisdiction, facts do not constitute an offense, or extinction of criminal liability.
An AOD alone is not a statutory ground but may be attached to show lack of intent to prosecute or to argue that evidence is insufficient.

D. Conditional or Provisional Dismissal

If the court or prosecution doubts the voluntariness of desistance, it may issue a provisional dismissal under Rule 117, §8.

Effect: Case may be revived within the prescriptive period (usually 20 years for VAWC) or within 2 years if dismissal is provisional by express terms.
Provides a safeguard if complainant later changes her mind.

4. Limits on Withdrawal

Public-Offense Doctrine Crimes involving violence against women and children are offenses against the State; the victim cannot unilaterally “drop” the case.
Independent Evidence The prosecutor or court may continue if medical reports, police blotters, witness testimony, or photographs substantiate the charge.
Plea Bargaining Restrictions RA 9262 is excluded from Plea Bargaining Guidelines that apply to other crimes like B.P. 22 or simple theft.
Protective Orders (BPO, TPO, PPO) Withdrawal of the criminal complaint does not automatically lift existing protection orders. Separate motions must be filed in the barangay or court that issued them.

5. Civil and Custody Implications

Civil Action for Damages: RA 9262 creates an independent civil action. AOD in the criminal case does not waive civil claims unless expressly stated.
Custody/Support Cases: Ongoing petitions under the Family Code remain unaffected unless parties execute a separate compromise agreement approved by the court.

6. Risks and Pitfalls

Risk	Description
Perjury / False Testimony	Recanting a true complaint may expose the affiant to perjury.
Intimidation or Economic Pressure	Courts scrutinize AODs for signs of coercion; hearings often include questioning the affiant.
Re-Filing	A provisional dismissal keeps the door open for revival; a permanent dismissal after approval of withdrawal generally bars further prosecution unless new facts emerge.
Immigration / Employment Consequences	Even a dismissed Information may appear on NBI records until the court clearance is processed.

7. Jurisprudential Guidance

Case	Gist
People v. Dizon, G.R. 212774 (13 Jan 2021)	AOD does not control prosecution of VAWC; court must weigh public interest.
People v. Caballero, G.R. 215480 (22 Jun 2016)	Withdrawal may justify dismissal before filing of Information when complainant refuses to testify and no other evidence remains.
People v. Reyes, G.R. 209874 (26 Apr 2017)	Affirms that RA 9262 prescribes in 20 years; provisional dismissal within two years may still lead to revival.

8. Practical Tips for Parties & Counsel

Engage the Prosecutor Early – Open communication may prevent unnecessary court filings if reconciliation occurs during investigation.
Document Reconciliation Efforts – Include mediation agreements, psychological counseling reports, or parenting plans to strengthen desistance grounds.
Address Protective Orders Separately – File motions to modify or lift BPO/TPO/PPO with the issuing authority.
Secure Clearances – After dismissal, obtain a Certificate of Finality and have it annotated in NBI/PNP records.
Consider Alternative Remedies – Counseling, church-based mediation, or civil compromise agreements may resolve underlying issues without criminal litigation.

9. Frequently Asked Questions

Question	Short Answer
Is an affidavit of desistance enough to stop the case?	Not by itself. Prosecutor and court must still agree to dismiss.
Can the victim file again later?	Yes, if dismissal was provisional or for lack of prosecution; barred if case was dismissed on merits or acquittal was rendered.
What happens to bail?	If the case is dismissed before arraignment, the bond is exonerated upon court order.
Do I need a lawyer to file an AOD?	Highly recommended; wrong wording can lead to denial or perjury exposure.

10. Conclusion

Withdrawing a VAWC charge before pre-trial is possible but far from automatic. Because RA 9262 treats violence against women and children as an offense against the State, the complainant’s Affidavit of Desistance only initiates dismissal; it does not compel it. Proper procedure—submission of an AOD, prosecutor’s motion to withdraw, and judicial approval—must be observed. Parties should weigh the long-term legal and personal consequences and seek professional counsel to navigate this sensitive process effectively.