Withdrawal of Criminal Complaint in the Philippines
A doctrinal, procedural, and practical survey
1. Concept and Context
A “withdrawal of criminal complaint” occurs when the private offended party, the complainant, or the public prosecutor seeks to terminate a criminal proceeding that has not yet resulted in a final judgment. It may arise (a) during law-enforcement investigation, (b) in the prosecutorial stage (inquest or regular preliminary investigation), or (c) after an Information has been filed in court. The controlling legal principles differ at each juncture, and they depend further on whether the offense is public (prosecuted in the name of the People) or a private crime whose prosecution hinges on the will of the offended party.
2. Sources of Law
| Source | Key Provisions Relevant to Withdrawal |
|---|---|
| 1987 Constitution | Art. III, §14 (1) & (2) – due-process and probable-cause requirements; Art. III, §12 – rights of the accused during custodial investigation |
| Revised Penal Code (RPC) | Art. 344 – private crimes (adultery, concubinage, seduction, acts of lasciviousness, libel, etc.) require complaint of offended party; withdrawal (pardon or express waiver) may bar prosecution |
| Rules of Criminal Procedure (as amended through A.M. 20-06-17-SC, effective 2021) | Rule 110 §§5–11 (institution, complaint-information), Rule 112 §§3-9 (preliminary investigation), Rule 117 §3 (dismissal upon prosecutor’s motion), Rule 119 §16 (dismissal on demurrer) |
| Rule on the Examination of Child Victims (A.M. 04-10-11-SC) | Requires “disinterested” review of desistance in cases involving minors |
| Special laws | e.g., B.P. 22, R.A. 9262 (VAWC), R.A. 9165 (Comprehensive Dangerous Drugs Act) often declared “public crimes”; settlement or desistance does not bar prosecution absent express statutory compromise provision |
| Department of Justice (DOJ) issuances | National Prosecution Service (NPS) Manual, 2017; DOJ Circular 61-93 (guidelines on affidavit of desistance and amicable settlement) |
3. Stages and Mechanics
3.1 Law-Enforcement Investigation
- Police blotter / complaint-affidavit stage: The complainant may recant or refuse to execute a sworn statement. In bailable offenses, the case typically ends here.
- Limits: For flagrante delicto arrests in “public” crimes, the State may still pursue an inquest even without the complainant.
- Practice pointer: The offended party should file a Counter-Affidavit of Desistance to forestall further action.
3.2 Prosecutorial Stage
| Situation | Rule | Practical Effect |
|---|---|---|
| Regular preliminary investigation | Rule 112 §3(e): The investigating prosecutor may dismiss the complaint motu proprio if evidence is insufficient or if an Affidavit of Desistance (AoD) shows lack of interest plus absence of probable cause. | No criminal information is filed; civil action may still be filed separately. |
| Inquest | If probable cause is doubtful or the AoD destroys the complainant’s credibility, the inquest prosecutor may recommend release under Art. 125 RPC and dismiss the case. | Suspect may be freed; case closed unless new evidence emerges. |
3.3 Post-Filing (Court Stage)
Once the Information is filed, jurisdiction shifts to the trial court. Desistance alone cannot compel dismissal; only the court can terminate the case. Three procedural avenues exist:
Motion to Withdraw Information by the Prosecutor – Rule 117 §3.
Requires leave of court. The judge must make an independent evaluation of probable cause (People v. Court of Appeals, G.R. 123595, 29 June 1999).Affidavit of Desistance + Compromise in private crimes.
- Before trial begins: Pardon or express waiver by the offended party absolutely bars prosecution (Art. 344 RPC, e.g., acts of lasciviousness).
- After information is filed but before judgment: The court “shall dismiss” upon sworn forgiveness in private crimes (People v. Banal, G.R. 174503, 22 June 2010).
- Civil liability may survive (Art. 100 RPC; Rule 111).
Demurrer to Evidence – Rule 119 §23.
- If prosecution evidence collapses because the complainant refuses to testify, the accused may file a demurrer (or the court may dismiss motu proprio under the Judgment on Acquittal doctrine).
4. Affidavit of Desistance (AoD): Form and Limitations
Essential elements
- Complete identification of parties and case.
- Clear narration of the original allegations.
- Express statement that complainant is no longer interested in prosecuting, with reasons (e.g., settlement, forgiveness, mistake).
- Sworn before authorized officer.
Judicial treatment
- The Supreme Court consistently rules that an AoD is not binding on the court or prosecutor in public crimes (People v. Domingo, G.R. 146285, 27 May 2004).
- AoDs are viewed with suspicion when: (a) executed for monetary consideration, or (b) obtained through intimidation.
- In VAWC (R.A. 9262) and child-abuse cases, courts must ascertain voluntariness; social workers’ reports may be required.
5. Distinctions Between Public and Private Crimes
| Category | Examples | Effect of Withdrawal |
|---|---|---|
| Public crimes (offenses mala prohibita, crimes against State) | Murder, Theft, Estafa, B.P. 22, R.A. 9165, R.A. 9208 (Trafficking), VAWC | AoD does not bar prosecution; State has paramount interest. At most, desistance may weaken evidence and lead to dismissal for lack of proof. |
| Private crimes (Art. 344 RPC + Libel) | Adultery, Concubinage, Seduction, Acts of Lasciviousness, Libel | Before filing – complaint/pardon determines existence of offense. After filing – sworn forgiveness binds the court to dismiss. |
6. Civil and Administrative Ramifications
- Civil Liability – Extinguished only by valid compromise of the civil aspect or payment of damages (Art. 2034 Civil Code).
- Forfeiture of Bail – If case is dismissed on prosecutor’s motion or AoD, bail bond is cancelled and may be refunded.
- Record Expungement – The dismissal is annotated in the docket, but the arrest record remains unless sealed via separate petition (Rule 129 §13 or Data Privacy Act procedures).
- Professional/Administrative Cases – Withdrawal of criminal complaint does not automatically dismiss related administrative cases (e.g., before the PRC or CSC).
7. Notable Jurisprudence
| Case | G.R. No. / Date | Holding on Withdrawal |
|---|---|---|
| People v. Olarte | L-13027, 28 Feb 1967 | AoD insufficient to stop prosecution for estafa; State is the real party in interest. |
| People v. Sanchez | G.R. 121039, 19 Oct 2001 | In rape (pre-1997), marriage to complainant extinguished criminal liability; by parity, sworn forgiveness in post-RA 8353 rape may only mitigate penalty but not bar prosecution. |
| People v. Bailin | G.R. 182231, 06 Feb 2013 | In B.P. 22, settlement of checks merely affects civil liability; criminal action proceeds unless court finds lack of intent or probable cause. |
| Cabungcal v. CA | G.R. 132970, 19 June 2000 | After information is filed, prosecutor cannot dismiss on his own; only the court may act on a motion to withdraw. |
| Villalon v. People | G.R. 233432, 05 Apr 2022 | Desistance combined with restitution may justify judicial plea bargaining to a lesser offense. |
8. Practical Tips for Litigators
- Draft precise AoDs – Include the complainant’s categorical waiver of criminal action and any compromise on civil liability.
- Time your motion – If representing the accused, negotiate withdrawal before information filing when feasible.
- Prepare fallback evidence – In public crimes, secure independent corroboration (CCTV, forensics) because complainant may recant.
- Mind special laws – Some statutes (Anti-Trafficking, Anti-Money Laundering) prohibit compromise outright; desistance is futile.
- Watch prescription – A dismissed complaint does not toll prescription; you may re-file within the prescriptive period if new evidence appears (Art. 91 RPC).
9. Frequently Asked Questions
| Question | Short Answer |
|---|---|
| Can the police refuse to drop charges after the complainant recants? | Yes, for public crimes, police may refer the case to the prosecutor despite recantation. |
| Does settling a B.P. 22 case with payment erase the criminal aspect? | No. Payment merely mitigates or may persuade the prosecutor to move for dismissal, but court approval is still needed. |
| Is a notarized “Quitclaim” enough to dismiss a VAWC case? | Generally no; the court must independently determine voluntariness and the State’s interest outweighs private forgiveness. |
| Can the offended spouse withdraw a concubinage case after filing? | Yes; concubinage is a private crime. Sworn pardon requires dismissal under Art. 344 RPC. |
| What happens to bail after dismissal for desistance? | Bail is exonerated; cash deposits are returned; surety bonds are cancelled. |
10. Conclusion
The withdrawal of a criminal complaint in the Philippines is neither a unilateral right of the complainant nor an automatic consequence of amicable settlement—except in the narrow sphere of private crimes where the complainant’s will is the law’s trigger. In all other offenses, the State’s interest in punishing wrongdoing prevails, and desistance serves only as a factor in the court’s or prosecutor’s appraisal of evidence. Mastery of the procedural posture, statutory exceptions, and jurisprudential nuances is therefore indispensable for counsel who seek to terminate—or to resist termination of—a criminal prosecution.