Revocation of an Earlier Withdrawal of a Criminal Complaint
(Philippine setting — updated to 1 May 2025)
1. Conceptual Overview
A withdrawal (or “desistance”) happens when the original complainant tries to stop or abandon the criminal process that they set in motion—typically through an Affidavit of Desistance or a manifestation of withdrawal. A revocation of that withdrawal is the flip-side: the complainant (or their successor-in-interest) later changes their mind and asks that the criminal machinery move forward again.
Because criminal actions in the Philippines are prosecuted in the name of the People of the Philippines, the State—represented first by the public prosecutor and later by the trial court—always has discretion whether to heed either a withdrawal or its revocation. The complainant’s acts are important (especially in “private crimes”), but they are never absolutely controlling.
2. Governing Sources
| Stage | Main Governing Law / Rule |
|---|---|
| Barangay conciliation | R.A. 7160, §399-422 (Katarungang Pambarangay) |
| Prosecutor-level | Rule 112, RRCP (2020 Amendments) • 2000 National Prosecution Service Rules on Inquest & Preliminary Investigation |
| Court-level | Rules 110-117 RRCP (esp. Rule 110 §5 on private-complaint crimes; Rule 117 on dismissal & double jeopardy) |
| Substantive criminal code | Revised Penal Code arts. 344 (private crimes), 89–90 (extinction/pre- scription), 100 (civil action) |
| Key jurisprudence | People v. Malimit (G.R. 84635, 1990); People v. Dacudao (G.R. 93335, 1990); People v. Vergel (G.R. 108686, 1994); Roque v. Office of the Ombudsman (G.R. 219865, 2020); Domingo v. Sandiganbayan (G.R. 238420, 2021) |
(Citations are illustrative, not exhaustive.)
3. Mechanics of Withdrawal
At the Barangay
- The punong barangay records a Compromise or Arbitration Award.
- Withdrawal before a Certificate to File Action (CF A) issues simply ends the case; there is nothing to revoke.
- If the CFA has issued, the complainant must go to the prosecutor (or the court for direct-filing offenses).
During Preliminary Investigation (PI)
- Filing an Affidavit of Desistance before resolution usually prompts the investigating prosecutor to dismiss for lack of interest (“prosecutorial discretion”).
- The dismissal is “without prejudice,” unless the prosecutor states otherwise.
**After Filing of the Information but Before Plea
- The prosecutor may move to withdraw the information under Rule 110 §5 (with leave of court). The court order of dismissal determines whether it is with prejudice (bars future prosecution) or without prejudice (allows refiling).
- Private-complainant crimes (adultery, concubinage, seduction, acts of lasciviousness, etc.) additionally require an express pardon by the offended party to terminate the action (R.P.C. art. 344). Withdrawal alone is not enough once the case is in court.
After Plea or After Acquittal
- Any dismissal at this point, even on motion of the prosecution, normally constitutes jeopardy attaches → a bar to any revival (Const., art. III §21; Rule 117 §§6-7).
4. Revoking the Withdrawal — When & How
| Scenario | Is Revocation Possible? | Practical Steps | Caveats |
|---|---|---|---|
| A. PI not yet resolved | Yes — Prosecutor can reopen investigation (Rule 112 §3). | 1. Execute Counter-Affidavit Revoking Desistance or new Supplemental Complaint. 2. Submit additional evidence. 3. Prosecution issues Amended Resolution if warranted. |
None; time still runs for prescription. |
| B. PI dismissed but still within DOJ review period (15 days) | Yes — File Motion for Reconsideration or Petition for Review (DOJ Circular 70-2017). | 1. Argue errors of law or new evidence. 2. If DOJ reverses, prosecutor files Information. |
If review is denied and resolution attains finality, next chance is refiling (if within prescriptive period). |
| C. Information withdrawn before plea and dismissal was without prejudice | Yes — Re-file complaint (new PI) or move to reinstate in same court (rare). | New filing must generally show new or additional evidence or explain change of heart. | Court may disallow nuisance refiling (Rule 119 §18). |
| D. Information dismissed with prejudice or after plea/acquittal | No — Barred by double jeopardy unless dismissal was void (lack of jurisdiction, violation of due process). | Only remedy is certiorari to nullify the void dismissal (Rule 65) — very narrow. | “With prejudice” language is controlling. |
| E. Private crimes after valid pardon | No — Pardon under RPC 344 is irrevocable once accepted by accused (condonation principle). | None. |
5. Effect on Civil Liability
- Withdrawal (and its revocation) does not automatically bar or revive the civil action:
- If the criminal case is pending, the civil action is impliedly instituted (Rule 111).
- If the criminal case is finally dismissed with prejudice, the complainant must separately sue for damages before prescription of the civil action (4 yrs. for quasi-delict under C.C. 1146; 10 yrs. for contractual).
- Revoking a withdrawal revives the implied civil action only if the criminal action itself is validly reinstated.
6. Evidentiary Treatment of “Flip-Flop” Affidavits
Courts view a succession of affidavits (complaint → desistance → revocation) with extreme caution. Under People v. Malimit, recantations or reversals are “rarely reliable” and must be corroborated. At trial, counsel should be ready to:
- Explain why the initial desistance was executed (e.g., intimidation, financial pressure).
- Offer consistent forensic or documentary evidence independent of the vacillating statements.
- Prepare for impeachment on the basis of prior inconsistent statements (Rule 132 §11).
7. Prescription Clock
A withdrawal does not stop the statute of limitations. If the case is dismissed by the prosecutor, the clock resumes from the last interruption (filing of the original complaint). Revocation must occur, and a new complaint/Information must be filed, before the prescriptive period lapses (Article 90 RPC, Article 25 of the Revised Penal Code for fines, special laws’ own prescription rules, etc.).
8. Practical Checklist for Revoking a Withdrawal
- Confirm procedural posture (barangay, prosecutor, court; whether with/without prejudice).
- Draft a Sworn Statement expressly:
- Revoking the earlier Affidavit of Desistance;
- Explaining reasons for the change of mind;
- Detailing new facts or evidence (attach exhibits).
- File timely:
- PI on-going → with the handling prosecutor;
- PI terminated → MR within 15 days or Petition for Review with DOJ;
- Court case → coordinate with the public prosecutor; file a Victim’s Manifestation plus supporting affidavit; prosecutor decides whether to move for revival.
- Address double jeopardy risk: check the wording of any previous dismissal order.
- Monitor DOJ / Court actions and be ready to supply witnesses and evidence immediately.
9. Key Take-Aways
- Revocation is easiest before final prosecutorial or judicial dismissal.
- “Without prejudice” is the magic phrase—if it is missing and the order says “with prejudice”, or the accused has already been acquitted or arraigned, revival is virtually impossible.
- In private crimes, once the offended party pardons the accused, the door is closed forever.
- Even when legally possible, revocation carries an evidentiary stigma; the prosecution must buttress its case with solid, independent proof.
- Time limits continue to tick—file the revocation (or a fresh complaint) well before prescription.
Disclaimer: This article is for informational purposes only and does not substitute for individualized legal advice. Laws and jurisprudence cited are up to date as of 1 May 2025.