Procedure for Withdrawing a Criminal Case and Filing an Affidavit of Desistance

Introduction

In the Philippine legal system, criminal cases are primarily prosecuted by the state through the Office of the Prosecutor, representing the People of the Philippines. This principle stems from the public nature of criminal offenses, which are considered wrongs against society as a whole rather than merely against the individual victim. However, in certain circumstances, a private complainant—typically the victim or offended party—may seek to withdraw their participation in the prosecution by filing an Affidavit of Desistance. This document expresses the complainant's lack of interest in pursuing the case further, often due to settlement, forgiveness, or other personal reasons.

Withdrawing a criminal case is not straightforward, as the state retains control over the proceedings. The Affidavit of Desistance does not automatically lead to dismissal; its effect depends on the stage of the case, the nature of the offense, and judicial discretion. This article explores the concept, legal framework, procedural steps, requirements, effects, and limitations of withdrawing a criminal case through an Affidavit of Desistance, drawing from Philippine jurisprudence, the Revised Rules of Criminal Procedure, and relevant statutes.

Understanding the Affidavit of Desistance

An Affidavit of Desistance is a sworn statement executed by the complainant or offended party, declaring their intention to discontinue the prosecution of the criminal case. It typically includes:

• The complainant's personal details and relationship to the case.
• A narration of the facts leading to the original complaint.
• Reasons for desistance, such as amicable settlement, lack of evidence, or reconciliation.
• An explicit statement withdrawing support for the prosecution and requesting dismissal.
• A jurat or notarization to affirm its voluntary execution.

This affidavit must be voluntary, uncoerced, and based on genuine intent. Courts scrutinize it for signs of duress, intimidation, or undue influence, as seen in cases like People v. Bernal (G.R. No. 113685, 1997), where the Supreme Court emphasized that desistance must be unequivocal and not contrary to public policy.

It is distinct from a Compromise Agreement or Quitclaim, which may involve civil aspects like damages. In criminal cases, the civil liability can be settled separately, but the criminal aspect remains under state purview.

Legal Basis

The procedure for withdrawing a criminal case via an Affidavit of Desistance is governed by several legal instruments:

• Revised Rules of Criminal Procedure (A.M. No. 19-08-15-SC, effective 2020): Rule 110, Section 5 allows the prosecutor to determine probable cause, and desistance can influence this at the preliminary investigation stage. Rule 119, Section 23 provides for dismissal upon motion, potentially supported by desistance.

• Revised Penal Code (Act No. 3815): Articles 89 and 100 address extinction of criminal liability, but desistance itself is not a ground for extinction unless it leads to acquittal or dismissal. For private crimes (e.g., adultery, concubinage under Articles 333-334), the complainant's pardon or consent can extinguish the action.

• Jurisprudence: Landmark cases include:

  • People v. Ocapan (G.R. No. L-33775, 1980): Desistance before trial may lead to dismissal if the offense is not against public order.
  • Crespo v. Mogul (G.R. No. L-53373, 1987): Once a case is filed in court, the judge controls its disposition, not the prosecutor or complainant.
  • People v. Dimaala (G.R. No. 43555, 1986): Desistance after arraignment has little effect, as the case is deemed a public matter.
  • Republic v. Desierto (G.R. No. 135715, 2003): Reinforces that desistance does not bind the state in public crimes.

• Special Laws: For offenses under the Anti-Violence Against Women and Their Children Act (RA 9262), desistance is restricted to protect victims from coercion. Similarly, in human trafficking cases (RA 9208), desistance may not halt prosecution.

The Department of Justice (DOJ) Circular No. 35 (2005) and subsequent guidelines outline prosecutorial discretion in handling desistance during preliminary investigations.

When Can an Affidavit of Desistance Be Filed?

The timing significantly impacts its effectiveness:

1. During Preliminary Investigation (Pre-Filing in Court): This is the most favorable stage. The complainant can file the affidavit with the investigating prosecutor, who may dismiss the complaint for lack of interest or insufficient evidence. Under DOJ-NPS Manual for Prosecutors, desistance at this point can terminate the investigation if no probable cause exists independently.

2. After Filing of Information but Before Arraignment: The prosecutor may file a motion to withdraw the information with the court, attaching the affidavit. The judge evaluates if withdrawal serves justice, per Rule 110, Section 5.

3. After Arraignment or During Trial: Desistance has minimal effect. The case proceeds as a public prosecution. The complainant may be declared a hostile witness, but the state can continue with other evidence. Only the court can dismiss, and desistance alone is insufficient unless it proves innocence or lack of basis.

4. Post-Conviction: Desistance cannot undo a final conviction but may support executive clemency applications, like pardon under Article 89 of the RPC.

For private crimes (e.g., seduction, abduction under RPC Book II, Title XI), explicit pardon by the offended party before trial can extinguish the action (RPC Article 23). Implicit pardon, like continued cohabitation, may also apply.

Procedure for Filing an Affidavit of Desistance

The process varies by stage but generally follows these steps:

1. Preparation of the Affidavit:

   • Draft the document in clear, concise language.
   • Include all essential elements: identity, facts, reasons, and withdrawal statement.
   • Have it notarized by a notary public or subscribed before the prosecutor/court.

2. Filing at the Appropriate Office:

   • Pre-Court Filing: Submit to the Office of the City/Provincial Prosecutor during preliminary investigation. Attach to a Motion to Dismiss if applicable.
   • Post-Filing in Court: File with the court handling the case, through a Motion to Withdraw Information (by prosecutor) or Motion to Quash/Dismiss (with desistance as ground). Serve copies to the prosecutor and accused.

3. Supporting Documents:

   • Proof of settlement (e.g., receipt of damages).
   • Identification documents.
   • If involving minors or incompetents, guardian's consent or court approval.

4. Hearing and Evaluation:

   • The prosecutor or court may conduct a hearing to verify voluntariness.
   • The accused may oppose if it prejudices their rights (e.g., double jeopardy concerns).
   • The judge decides based on public interest, evidence strength, and policy.

5. Fees and Costs:

   • Notarization fees (typically PHP 100-500).
   • Filing fees for motions in court (per Judiciary guidelines).
   • No specific fee for desistance itself.

In practice, legal counsel is advisable to ensure compliance and avoid pitfalls like invalidation due to formal defects.

Effects on the Criminal Case

• Dismissal: Possible at early stages, but provisional unless with prejudice. Per Galvez v. Court of Appeals (G.R. No. 114046, 1994), dismissal on desistance does not bar refiling if new evidence emerges.

• No Effect on Civil Liability: The civil aspect can proceed independently (RPC Article 100). Desistance may imply waiver of civil claims unless reserved.

• Impact on the Accused: May lead to release from detention if no other holds. However, in serious crimes, bail or recognizance may still apply.

• Public Policy Considerations: For crimes like murder, rape, or drug offenses, desistance is irrelevant as they are public crimes prosecuted relentlessly.

Limitations and Considerations

• Not Absolute: The state can ignore desistance if evidence supports conviction, as in People v. Salcedo (G.R. No. 113219, 1996).

• Risk of Perjury or Obstruction: Filing a false affidavit can lead to charges under RPC Article 183 (perjury) or Article 208 (obstruction of justice).

• Coercion Issues: Courts invalidate coerced desistance, potentially leading to additional charges against the coercer.

• Special Cases:

  • VAWC (RA 9262): Desistance requires court approval; often discouraged to prevent revictimization.
  • Child Abuse (RA 7610): State acts as parens patriae; desistance by guardians scrutinized.
  • Economic Sabotage: Non-bailable and non-compromisable.

• Jurisprudential Trends: Recent decisions emphasize protecting vulnerable complainants, reducing reliance on desistance in gender-based violence cases.

• Alternatives to Desistance: Mediation under Barangay Justice System for minor offenses, or plea bargaining under RA 11235 (Plea Bargaining Framework).

In summary, while an Affidavit of Desistance provides a mechanism for complainants to withdraw, its success hinges on timing, offense type, and judicial oversight, underscoring the primacy of public interest in Philippine criminal justice.