WITHDRAWING A CRIMINAL COMPLAINT IN THE PHILIPPINES
A comprehensive practitioner-oriented guide (July 2025)
Disclaimer. This article is for academic and informational purposes only and is not a substitute for personalised legal advice. Rules cited are current as of 3 July 2025.
1. Foundations: What a “criminal complaint” is
| Stage | Governing Rule | Who files? | Output document |
|---|---|---|---|
| Lupon/Barangay (for covered disputes) | R.A. 7160, ch. VII (Katarungang Pambarangay) | Complainant or Punong Barangay | Complaint in KP Form; minutes |
| Prosecutor’s Office (Preliminary Investigation or Inquest) | Rule 112, §§3–6; NPS Manual | “Sworn Complaint-Affidavit” by private complainant or arresting officer | PI records (complaint, counter-affidavit, resolutions) |
| Court | Rules 110–111 | Information signed by prosecutor (not the original complainant) | Information; court docket |
Because a criminal act is an “offense against the State,” once an information is filed, the prosecution is People of the Philippines vs. Accused; the private complainant becomes merely the private offended party or victim.
2. Conceptual tools for “withdrawing”
Affidavit of Desistance (AoD). A notarised statement by the complainant/victim saying he or she is no longer interested in pursuing the case, and usually reciting that no coercion or consideration was involved.
Compromise/Settlement. Generally valid only as to the civil liability (Art. 2034, Civil Code). Criminal liability, especially for public offenses, cannot be the subject of compromise (Art. 2035, Civil Code; Art. 7, Revised Penal Code).
Waiver of Right to Prosecute. Statutorily recognised in private crimes (e.g., adultery, concubinage, seduction, acts of lasciviousness, defamation imputing rape or chastity: Arts. 344 & 360, RPC), which “cannot be prosecuted except upon complaint filed by” the offended party. Prior to arraignment, the offended party may expressly or impliedly waive.
Prosecutor’s Discretion & Court Approval. Even with an AoD or waiver, dismissal requires either:
- Prosecutor to move to dismiss (Rule 117, §3), or
- Court to find lack of probable cause or to approve a motion to withdraw Information (Rule 110, §4).
3. Procedural Map
3.1 Before the Barangay Justice System
| Action | How to withdraw | Effect |
|---|---|---|
| KP Complaint still at Punong Barangay or Lupon stage | Oral or written manifestation; sign compromise agreement or AoD | Proceedings terminate; Certification to File Action is not issued |
If the parties already signed a mediated/settled agreement and breach occurs, execution or court action, not revival of complaint, is the remedy.
3.2 During Inquest or Preliminary Investigation
File an Affidavit of Desistance with the Investigating Prosecutor (via the e-Complaint system or physically).
Prosecutor’s options:
- Dismiss outright for lack of interest and lack of other evidence; or
- Continue motu proprio if independent probable cause exists (People v. Dizon, G.R. 212400, 1 Aug 2018).
Key point: Complainant’s desistance is persuasive, not controlling. Probable cause is determined “independently of the will of the parties.”
Resulting disposition:
- Resolution of Dismissal ➔ Case archive; Release Order if respondent detained.
- Resolution finding probable cause ➔ Filing of Information in court, even without cooperating complainant.
3.3 After the Information is filed in Court
| Scenario | Proper pleading | Who files | Court discretion |
|---|---|---|---|
| Victim executes AoD; prosecutor agrees | Motion to Withdraw Information | Prosecutor (People’s counsel) | Court may grant under Rule 110, §4 if no probable cause or for “other sufficient reason.” |
| Victim alone asks for dismissal; prosecutor objects | Motion to Dismiss by accused citing AoD | Accused | Court rarely dismisses solely on AoD (see People v. Villegas, G.R. 231489, 5 Jan 2021). |
| Private crimes (e.g., adultery) & waiver made before arraignment | Motion to Dismiss with attached waiver | Prosecutor or Accused | Court must dismiss; requisites of Art. 344 met. |
| Summary procedures cases (e.g., BP 22) | Joint Motion to Withdraw or Motion to Dismiss citing settlement | Either party | Court may dismiss if civil liability satisfied (e.g., full payment, Art. 7 RPC rationale in BP 22 jurisprudence). |
Once trial has begun, a mere AoD will not stop the prosecution if the People wish to continue (Rule 110, §6; People v. Vasquez, G.R. 217401, 16 Nov 2020). The only exit paths are (a) acquittal on merits, (b) demurrer to evidence, (c) dismissal on ground such as violation of speedy trial or lack of jurisdiction, or (d) death of the accused (Art. 89, RPC).
4. Special Statutes with Victim-Centric Provisions
| Statute | Withdrawal mechanics | Notes |
|---|---|---|
| R.A. 9262 (Anti-VAWC) | Victim may opt not to pursue but prosecution may continue (Sec. 8). Court may condition dismissal on protection of victim. | AoD often viewed suspiciously because of power-imbalance. |
| R.A. 9208/10364 (Trafficking in Persons) | Desistance not a bar to prosecution; consent immaterial. | State policy to deter trafficking. |
| Juvenile Justice (R.A. 9344) | If CICL’s diversion successful, victim signs compromise; complaint terminates. | Technically not a “withdrawal” but completion of diversion. |
5. Civil Liability & Settlement Considerations
- A valid compromise agreement or payment of restitution can completely extinguish the civil action (Rule 111, §2).
- In e-signature era (A.M. No. 3-11-9-SC), courts accept electronic AoDs or settlements filed via e-Sugbayan portals.
- If the only penalty is a fine (e.g., slight oral defamation), payment of the recommended fine and surcharges may persuade the prosecutor to move for dismissal “for the best interest of justice.”
6. Drafting an Effective Affidavit of Desistance
Checklist (minimum content):
- Heading & Title (e.g., “AFFIDAVIT OF DESISTANCE”)
- Personal circumstances of affiant.
- Case identification (NPS docket no. / Criminal Case no.).
- Statement of facts: date of filing, nature of charge.
- Reasons for desistance (e.g., reconciliation, mistake, restitution, humanitarian). Avoid language that could admit perjury.
- Declaration of voluntary execution and no duress.
- Signature above printed name; with jurat by Notary Public (or electronic notarisation under A.M. No. 22-06-02-SC).
- Attachments: proof of settlement, IDs, etc.
File the AoD with:
- Prosecutor’s Office (for PI cases) or
- Branch Clerk of Court & copy furnish Office of the Prosecutor (for court-filed cases).
7. Practical Effects & Collateral Issues
| Issue | Effect of Withdrawal |
|---|---|
| Existing warrant | Recall only upon dismissal or quashal order; mere AoD does not nullify warrant. |
| Hold Departure Order (HDO) | Lifted upon dismissal; accused must file motion to lift HDO. |
| Bail Bond | Cancelled after final dismissal; bail bondsmen petition for release of bond. |
| Prescriptive periods | If dismissal amounts to provisional dismissal (Rule 117, §8), State may re-file within 1 year (offenses punishable by ≤6 yrs) or 2 yrs (>6 yrs). |
| False complaint | Complainant may face Perjury (Art. 183 RPC) or Unjust Accusation damages if malicious. |
8. Jurisprudential Nuggets
| Case | G.R. No. | Ratio |
|---|---|---|
| People v. Dizon | 212400, 01 Aug 2018 | AoD does not bind prosecutor; probable cause prevails. |
| People v. Lim | 220749, 04 Sep 2018 | Dismissal requires court approval even if complainant desists. |
| People v. Villegas | 231489, 05 Jan 2021 | Trial court erred in dismissing solely on AoD; reinstated case. |
| People v. Vasquez | 217401, 16 Nov 2020 | After arraignment, desistance cannot justify dismissal absent prosecution’s motion. |
| Cruz v. People (BP 22) | 233872, 11 May 2022 | Full restitution and complainant’s aoD justify dismissal in summary procedure context. |
9. Step-by-Step Quick Reference
- Identify case stage (KP, PI, Inquest, Court).
- Draft & notarise AoD (or compromise/waiver, as case may be).
- File with proper forum, serve copies (electronic service acceptable where authorised).
- Coordinate with prosecutor; request motion to withdraw/dismiss.
- Attend hearing on the motion; be ready to testify re voluntariness.
- Secure certified copy of dismissal order for records (passport, employment, etc.).
- File ancillary motions (lift HDO, recall warrant, cancel bond).
- Monitor docket to confirm case is archived and not re-filed within Rule 117 prescriptive window.
10. Frequently Asked Questions (FAQs)
Q1. Can I “take back” a complaint I filed with the police station? Yes, by executing an AoD and informing the investigator; but if the prosecutor has already taken cognisance, see §3.2 above.
Q2. Will the accused automatically be cleared? Not necessarily. Probable cause and public interest govern. For grave offenses (e.g., homicide, rape), withdrawal rarely ends the case.
Q3. Is payment of damages enough? Only as to the civil aspect. The State may insist on criminal prosecution unless the offense is private or subject to compromise.
Q4. Do I need a lawyer to withdraw? Advisable, especially when the case is already in court; procedural missteps can lead to denial.
Conclusion
Withdrawing a criminal complaint in the Philippines ranges from a simple manifestation before the Barangay to a formal, court-litigated motion involving judicial discretion. The decisive factors are case stage, nature of the offense, and prosecutorial stance. Mastery of these layers enables counsel (or the party) to navigate efficiently, safeguard rights, and prevent unintended exposure to perjury or re-filing.