1) Overview and Purpose

An Affidavit of Desistance (AoD) is a sworn statement executed by a complainant (or, in some contexts, an offended party) declaring that they no longer wish to pursue a complaint or that they are desisting from further action arising from an incident. In Philippine practice, it is most commonly encountered in:

Criminal complaints at the barangay, prosecutor’s office, or police level
Cases filed before the prosecutor but not yet in court
Certain disputes where the offended party’s cooperation is central
Quasi-judicial or administrative complaints (e.g., workplace/HR disputes, some regulatory proceedings), depending on rules

Key point: An AoD is not a magic “case-ender.” Its effect depends on (a) the nature of the case (public crime vs. private interest), (b) the procedural stage, and (c) the discretion of the prosecutor or the court.

2) Legal Character and Practical Effect

2.1 AoD is Evidence of a Change in Position, Not an Automatic Dismissal

In criminal matters, prosecutions are generally pursued in the name of the People of the Philippines. Even if the complainant executes an AoD, the State may still proceed if the evidence supports prosecution.

That said, an AoD can be highly influential when:

The case relies mainly on the complainant’s testimony (and that testimony may no longer be available or credible), and/or
The alleged offense is one where amicable settlement or reconciliation is recognized in practice, and/or
The case is at the complaint evaluation stage (before filing of Information in court)

2.2 The AoD’s Impact Depends on the Offense Type

As a practical framework:

(A) Cases where desistance may matter a lot

Light disputes / minor physical injuries and similar incidents where settlement is common, subject to legal limits
Certain property or interpersonal disputes where restitution and compromise can be persuasive at the prosecutor level
Private complaints and situations where the offended party’s initiative is required (depending on the specific offense and rule)

(B) Cases where desistance often matters less

Serious felonies or crimes seen as affecting public interest
Domestic violence or offenses covered by special laws that strongly emphasize state protection and public policy
Cases with independent evidence (CCTV, medical findings, police witnesses, admissions, documentary trails) sufficient to prosecute without the complainant

2.3 AoD vs. Compromise Agreement vs. Settlement

An AoD is usually just the complainant saying “I am desisting.” It may be accompanied by:

Compromise Agreement (terms of settlement)
Acknowledgment/Receipt (payment, restitution)
Waiver/Release/Quitclaim (common in civil/administrative settings)

Caution: In criminal cases, private settlement cannot legalize what is explicitly non-compromisable. Prosecutors and courts may treat settlements as a factor but not as a controlling one.

3) When an Affidavit of Desistance is Commonly Used

3.1 Barangay Conciliation (Katarungang Pambarangay)

For disputes within the barangay conciliation system, parties sometimes execute an AoD to reflect settlement or withdrawal.

However:

The barangay’s role is conciliation/mediation, not deciding criminal liability.
Certain cases are not subject to barangay settlement/conciliation due to their nature (e.g., more serious offenses).

If you already filed something at barangay level, you may instead (or also) record:

A settlement in the barangay record
A withdrawal or desistance statement, depending on the stage

3.2 Before the Prosecutor (Complaint Evaluation / Preliminary Investigation)

This is the most common use-case. The complainant files a complaint-affidavit; later, the complainant executes an AoD.

Possible outcomes (depending on evidence):

Prosecutor dismisses for lack of evidence or lack of reasonable certainty of conviction, sometimes noting desistance
Prosecutor proceeds if evidence supports probable cause, possibly treating AoD as affecting witness credibility
Prosecutor may require clarificatory hearing or additional affidavits

3.3 After Case is Filed in Court

Once an Information is filed and the case is in court:

The court controls dismissal, not the complainant.
Desistance may be treated as:
- Affecting the complainant’s credibility
- Basis for motions (e.g., to dismiss for lack of interest, or as part of plea bargaining discussions)
- Support for a compromise in civil aspect (where allowed)

But the court may still proceed, especially in public interest cases.

3.4 Administrative/Employment/School Proceedings

AoD-like documents may be used to withdraw a complaint. But many administrative bodies may still proceed motu proprio if the act is deemed serious or involves institutional policy.

4) What an Affidavit of Desistance Typically Contains

A Philippine AoD commonly includes:

Caption/Title
- “AFFIDAVIT OF DESISTANCE”
Affiant’s personal circumstances
- Name, age, civil status, citizenship, address
Reference to the complaint
- Docket number (if any), date filed, office handling it (barangay, prosecutor, police station, agency)
Narration / context
- Brief statement of what was complained about and that affiant initiated it
Statement of desistance
- Clear declaration that affiant no longer wishes to pursue the complaint
Reasons (optional but often included)
- Commonly: reconciliation, misunderstanding, restitution, desire to move on
- The reason should not suggest coercion; see below
Voluntariness clause
- Statement that it is executed freely and voluntarily, without force, intimidation, or undue influence
Prayer/request
- Request that complaint be withdrawn/dismissed, or that no further action be taken
Signature and jurat
- Signed before a notary public, with competent proof of identity

If there is settlement/restitution: attach or reference a Compromise Agreement or Acknowledgment Receipt.

5) Where to Get an “AoD Form” in the Philippines

There is no single government-issued universal template that applies to all cases, but forms are commonly obtained through:

Law offices / legal aid clinics
- They often have standard formats adapted per case
Notary public offices
- Many notaries provide a basic template, but you must ensure it matches the facts and the case caption/docket
Prosecutor’s Office / Police / Barangay
- Some offices have preferred formats or sample affidavits; many do not provide “official forms” but can tell you what details to include
Online templates
- Widely available, but must be customized carefully; avoid boilerplate that conflicts with your situation

Best practice: Use a template only as a starting point; an affidavit is a factual sworn statement and should align with the specific complaint and procedural posture.

6) Step-by-Step Procedure: How to Execute and File an AoD

Step 1: Identify the Case Status and Forum

Before drafting, determine:

Is the complaint at the barangay, police, prosecutor, court, or an agency?
Is there a docket number, NPS number, IS number, criminal case number, or barangay blotter entry?

This affects who receives the affidavit and what caption to use.

Step 2: Draft the Affidavit

Include:

Correct names of parties
Correct office and case reference
A clear, unequivocal statement of desistance
Voluntariness language

Avoid problematic statements, such as:

Admitting that the original complaint was false (unless that is truly the case and you understand implications)
Saying “I was paid to desist” (this can create suspicion of bribery or coercion)
Vague or contradictory reasons

If settlement occurred, consider attaching:

Compromise Agreement
Acknowledgment Receipt
Undertaking (e.g., to return property, to keep peace)

Step 3: Prepare Proof of Identity for Notarization

Under notarial practice, you need competent evidence of identity (typically:

Government-issued ID with photo and signature).

Bring:

At least one valid ID (better: two)
Any case documents (complaint-affidavit, summons, subpoena, blotter number, etc.)

Step 4: Notarize the Affidavit

Names and details are correct
Dates and places are accurate
Notary details and commission are complete

Make multiple copies:

One for your records
One for the office handling the case
One for the respondent/accused (if you want to furnish a copy)

Step 5: File/Submit to the Proper Office

If with Barangay:

Submit to barangay office; ask that it be recorded in the barangay log/records.

If with Police:

Submit to the investigating officer and request it be attached to the case file.

If with Prosecutor (Preliminary Investigation):

File with the prosecutor’s docket section/receiving; ask for a receiving copy.
If you received a subpoena for clarificatory hearing, you may submit it before or on the hearing date.

If already in Court:

Usually submitted via counsel, as part of a motion or manifestation.
If you submit directly, you may be advised to file through the Office of the Clerk of Court or through the prosecutor handling the case.

Always request a receiving stamp (date/time, receiving signature) on your copy.

Step 6: Attend Any Required Hearing/Clarificatory Conference

The prosecutor or court may:

Ask you to confirm voluntariness
Ask about settlement
Evaluate whether intimidation/coercion exists

Be consistent with your affidavit.

7) Common Requirements and Practical Considerations

7.1 Personal Appearance

Affidavits require personal appearance for notarization. Some offices also require personal appearance before them if:

Desistance appears suspicious
The case involves vulnerable parties
Public interest considerations are strong

7.2 Language and Translation

If executed in English but the affiant is not comfortable, consider:

Using Filipino or a local language version
Having the contents explained before signing Affidavits should reflect the affiant’s understanding and intent.

7.3 Costs

Notarization fees vary.
Some public legal aid offices may assist.

7.4 Coercion, Intimidation, and “Recantation Risks”

Prosecutors and courts are cautious because AoDs can be used to pressure complainants. If the affidavit hints at coercion, it may:

Be disregarded
Trigger protective or investigative measures
Undermine the credibility of the desistance

7.5 Perjury and False Statements

An affidavit is sworn. False material statements can expose the affiant to legal consequences. Be accurate and avoid embellishment.

8) Special Notes by Case Category (General Guidance)

8.1 Physical Injuries / Assault-Type Incidents

AoD is frequently used when the complainant and respondent reconcile. Still:

The prosecutor may proceed if evidence is sufficient.
Medical records and police reports can carry weight.

8.2 Property Disputes (Damage, Taking, Non-return)

Restitution and settlement often accompany AoD. Attach proof of restitution and identify terms to reduce future disputes.

8.3 Domestic or Intimate Partner-Related Complaints

Even if a complainant wants to desist, authorities may take a more protective approach due to policy considerations. Expect higher scrutiny and a greater likelihood the case proceeds if evidence supports it.

8.4 Estafa / Fraud-Type Complaints

These can be complex. AoD may not stop prosecution if the case is strong. Settlements may influence how parties manage civil aspects, but do not assume it ends criminal exposure.

9) Sample Outline (Not a One-Size-Fits-All Form)

Below is a common structure you can use as a guide (you must adjust details):

Title: AFFIDAVIT OF DESISTANCE
I, [Name], of legal age, [status], Filipino, and residing at [address], after being duly sworn, state:
1. That I filed a complaint against [Name of respondent] for [alleged offense/incident], docketed as [reference], before [office].
2. That after due consideration, and for reasons of [brief reason], I no longer wish to pursue the complaint and hereby desist from further action.
3. That I execute this affidavit freely and voluntarily, without force, intimidation, or undue influence, and for all legal intents and purposes.
WHEREFORE, I respectfully pray that the complaint be considered withdrawn/dropped and that no further action be taken.
Affiant’s signature
Jurat (notary)

If settlement exists, add:

“That the parties have reached an amicable settlement, as evidenced by the attached [Compromise Agreement/Acknowledgment Receipt].”

10) Filing Strategy and Best Practices

Match the affidavit to the stage
- Prosecutor stage: focus on desistance and voluntariness; attach settlement proof if any
- Court stage: coordinate with counsel; affidavit alone may not be sufficient
Keep it factual
- Overly dramatic explanations can create inconsistencies or legal exposure
Avoid admissions you don’t intend
- Don’t inadvertently state the complaint was fabricated unless you understand implications
Secure documentation
- Receiving copy, docket references, settlement documents, IDs used
Consider a separate Compromise Agreement
- Especially if money/property is involved; define terms, timelines, and consequences

11) Frequently Asked Questions

Q1: Is an Affidavit of Desistance required to withdraw a complaint?

Not always, but it is commonly requested as formal proof of withdrawal/desistance, especially at the prosecutor level.

Q2: Can I execute an AoD even if I already testified?

Yes, but the case may still proceed. Your desistance may be weighed against prior testimony and other evidence.

Q3: Will the prosecutor automatically dismiss once I submit an AoD?

No. The prosecutor evaluates probable cause and the public interest, and may proceed if warranted.

Q4: Do I need the respondent/accused to sign?

The AoD is executed by the complainant/offended party. A Compromise Agreement is typically signed by both parties, but it’s separate from the AoD.

Q5: Can an AoD be notarized anywhere?

Yes, by a duly commissioned notary public in the Philippines, subject to proper personal appearance and ID requirements. Some offices may prefer submission through their receiving sections regardless of where notarized.

12) Key Takeaways

An AoD is a sworn, notarized declaration of withdrawal/desistance by the complainant/offended party.
It is persuasive but not automatically dispositive; the prosecutor/court may still continue the case.
Obtain templates from law offices, legal aid, or reputable notaries, but customize to your case details.
Proper procedure: draft → notarize with valid ID → file with the proper forum → secure receiving copy → comply with hearings.
Use caution: affidavits are sworn; avoid false statements and language that suggests coercion or improper consideration.

If you want, paste the basic facts of your scenario (forum, stage, and the type of complaint), and I can provide a tailored affidavit structure and a filing checklist specific to that situation.