Withdrawing a Case in the Philippines: Desistance, Settlement, and Dismissal Rules

A practical, doctrine-grounded explainer on when and how a case can be ended—by the parties, the prosecutor, or the court—in both criminal and civil proceedings in the Philippines.

1) The snapshot

“Withdrawing a case” means different things depending on the forum and stage.
- In criminal cases, the offended party cannot “withdraw” the People’s case. Affidavits of desistance or settlements usually affect only the civil aspect. Ending the criminal case requires an act of the prosecutor or the court, or the operation of law.
- In civil cases, the plaintiff can often end the case by voluntary dismissal or compromise, subject to rules that determine whether the dismissal is with or without prejudice.
Some disputes must go through Barangay conciliation first; amicable settlements there can operate like a final judgment on the civil dispute.
Whether a dismissal bars refiling turns on timing, ground, and consent (double jeopardy in criminal, res judicata/two-dismissal rule in civil).

2) Key terms (plain English)

Affidavit of Desistance – A sworn statement by the complainant/offended party saying they no longer wish to pursue the case. In criminal cases, it is not binding on the court or prosecutor and is viewed with caution.
Settlement/Compromise – A contract ending a dispute by reciprocal concessions. In crimes, parties may compromise civil liability but not the criminal liability (except where law specifically allows effects on the criminal action).
Dismissal – A court order ending the case. Depending on the ground, it may be with prejudice (bar to refiling) or without prejudice (case can be refiled).
Provisional Dismissal (Criminal) – A dismissal with the express consent of the accused and with proper notice; if not revived within statutory periods, it ripens into permanent dismissal.
Plea to a Lesser Offense / Plea Bargaining – Accused pleads to a lesser offense (often with prosecutor and offended party’s consent), ending the case on agreed terms.

3) Criminal cases: who controls what?

3.1 Who is the plaintiff?

All criminal actions are prosecuted in the name of the People of the Philippines. The public prosecutor controls prosecution; the private complainant is a witness and may pursue the civil aspect.

3.2 Affidavits of desistance: effect and limits

General rule: A desistance does not automatically dismiss a criminal case. Courts treat these affidavits with suspicion because they can result from intimidation, payoffs, or reconciliation.
When it may matter:
- If the complainant’s testimony is indispensable and there is no other credible evidence, the prosecutor may move to withdraw the Information or dismiss for lack of evidence.
- In private crimes (see 3.4), lack of a required complaint/pardon can be fatal to prosecution.
After filing in court: Even if the prosecutor moves to withdraw the Information, court approval is required. The judge may deny withdrawal and proceed to trial.

3.3 Settlement/restitution in crimes

Parties may compromise the civil liability arising from an offense; this does not erase criminal liability.
Restitution (payment of damages or return of property) can influence prosecutorial discretion, penalty, or plea bargaining, but does not by itself compel dismissal of the criminal action.

3.4 “Private crimes” and complaints

Certain offenses require a complaint by the offended party to commence prosecution (e.g., adultery, concubinage, seduction, abduction, acts of lasciviousness, and defamation imputing those offenses).

No complaint, no valid prosecution.
Pardon/waiver rules in these offenses are technical (timing and who may pardon matter) and have been narrowed by later statutes, especially where minors are involved. Always check the current text of the Revised Penal Code and special laws before relying on marriage/pardon rules.

3.5 Barangay justice (Katarungang Pambarangay)

For minor offenses involving natural persons living in the same city/municipality, parties must first undergo barangay conciliation (there are many exceptions, including when the government is the complainant, when parties live in different cities/municipalities with no adjoining barangays, or for more serious offenses).
A written Amicable Settlement at the barangay, if not repudiated within the period, has the force of a final judgment—on the civil aspect. It does not, by itself, bar prosecution of public crimes.

3.6 Procedural ways a criminal case ends

Before filing in court (prosecutor’s level):

Desistance may prompt the prosecutor to dismiss the complaint (no Information filed) if probable cause is lacking without the complainant’s testimony.
Parties may settle the civil aspect; the criminal complaint may still proceed if probable cause exists.

After filing in court:

Motion to quash the Information (Rule 117) for grounds like: facts charged do not constitute an offense; court lacks jurisdiction; duplicity; criminal liability extinguished (e.g., prescription, amnesty, death); double jeopardy; or other formal/substantive defects.
Withdrawal of Information upon the prosecutor’s motion, subject to the court’s approval.
Demurrer to evidence (after prosecution rests): if granted, acquittal (with prejudice).
Plea to a lesser offense / plea bargaining (generally requires the prosecutor’s—and often the offended party’s—consent; specifics depend on the rule and offense).
Provisional dismissal (Rule 117): requires accused’s express consent and notice to the offended party and prosecutor; becomes permanent if not revived within the rule-based periods (commonly 1 year for offenses punishable by ≤6 years, 2 years if punishable by >6 years).
Dismissal for denial of the right to speedy trial (constitutional and rule-based); typically with prejudice when the State is at fault.
Dismissal for failure to prosecute (e.g., repeated non-appearance of witnesses). Depending on circumstances, may operate with prejudice (double jeopardy) if dismissal is without accused’s express consent and not due to him.
Death of the accused:
- Before final judgment – criminal liability extinguished; civil liability ex delicto also extinguished, but civil claims based on other sources of obligation (e.g., contract or quasi-delict) may survive against the estate.
- After final judgment – personal penalties extinguished; treatment of pecuniary liabilities depends on timing and nature.

Special-law cautions: Some statutes (e.g., VAWC, child protection, anti-trafficking, drug laws) are public crimes, typically non-compromisable, and prosecutors/courts commonly refuse dismissals based solely on desistance.

4) Civil cases: ending a case by dismissal or settlement

4.1 Voluntary dismissal by the plaintiff (Rule 17)

Before the defendant serves an Answer or a motion for summary judgment: Plaintiff may file a Notice of Dismissal; effect is generally without prejudice.
- Two-dismissal rule: If the same claim has been voluntarily dismissed once before by notice, a second notice operates with prejudice (adjudication on the merits).
After an Answer has been served: Dismissal at plaintiff’s instance only by court order and on terms the court considers proper (often without prejudice, but the court may rule otherwise).
Effect on counterclaims: A defendant’s compulsory counterclaim may proceed despite dismissal of the complaint, or the court may allow separate filing.

4.2 Dismissal not at plaintiff’s instance

Failure to prosecute (e.g., repeated non-appearance, non-compliance with orders): dismissal is generally with prejudice unless the order states otherwise.
Lack of jurisdiction, improper venue, or formal defects: usually without prejudice (refiling allowed) unless otherwise provided.
Summary dismissal on the merits (e.g., res judicata, prescription): with prejudice.

4.3 Compromise and judgment on compromise

Compromise (Civil Code): Parties may settle by reciprocal concessions. The court may render a judgment upon compromise—it has the effect of res judicata and is immediately executory.
Scope: Parties cannot compromise on matters the law forbids (e.g., criminal liability, civil status, future support, court jurisdiction, future legitime). But they can compromise civil liability arising from a crime.
Enforcement: Breach of a compromise judgment is enforced by execution (not by refiling the old case). A private settlement (without court approval) is a contract—enforceable in a separate action if breached, unless incorporated into a judgment.

4.4 Court-annexed mediation (CAM) & judicial dispute resolution (JDR)

Many civil cases undergo mandatory mediation. A signed Compromise Agreement from CAM/JDR, when submitted and approved, becomes a judgment upon compromise; the court will dismiss the case and retain jurisdiction to enforce the judgment.

4.5 Barangay settlement (civil disputes)

For covered disputes, an Amicable Settlement or Arbitration Award before the Barangay—if not repudiated within the period—has the force of a final judgment.
Certification to File Action is required if conciliation fails; filing without it risks dismissal for failure to comply with a condition precedent.

5) “With prejudice” vs “without prejudice”: quick guide

Context	Typical ground	Prejudice?	Bar to refiling?
Criminal	Acquittal (incl. granted demurrer)	With	Yes (double jeopardy)
Criminal	Provisional dismissal not revived within rule periods	With	Yes
Criminal	Withdrawal of Information granted before arraignment	Without	No (case can be refiled)
Criminal	Speedy trial denial by State	With	Yes
Civil	Plaintiff’s first notice of dismissal (pre-Answer)	Without	No
Civil	Plaintiff’s second notice of dismissal (same claim)	With	Yes
Civil	Dismissal for failure to prosecute	Usually With	Usually yes (unless order states otherwise)
Civil	Dismissal for lack of jurisdiction/venue	Without	No (refile in proper forum)
Civil	Judgment upon compromise	N/A	Yes, via res judicata

(Outcomes can vary with specific facts and orders; always read the actual judgment.)

6) Practical “how-to” by scenario

6.1 Criminal case – complainant wants to stop

Talk to the prosecutor (case officer) and your private counsel.
If you truly wish to disengage, prepare an Affidavit of Desistance (sworn, stating reasons: reconciliation, restitution, loss of interest, etc.).
Decide whether to settle the civil aspect (execute a Quitclaim/Release), independent of the criminal action.
File/submit the affidavit to the prosecutor (if pre-filing) or to the court through the prosecutor (if case is in court).
Expect the prosecutor/court to evaluate evidence and public interest; do not assume automatic dismissal.
If the offense is covered by Barangay conciliation, consider a Barangay settlement for the civil aspect.

6.2 Criminal case – accused seeks a clean exit

Before arraignment: Explore withdrawal of Information (if the prosecutor now believes probable cause is lacking); or file a motion to quash on valid grounds.
After arraignment: Consider plea to a lesser offense (with required consents), or later a demurrer to evidence after the prosecution rests.
If delay is inordinate: Move to dismiss for violation of the right to speedy trial.
For minor offenses: Provisional dismissal with express consent and proper notices; docket must reflect this to trigger the 1-/2-year bar to revival.

6.3 Civil case – plaintiff wants to withdraw

Pre-Answer: File a Notice of Dismissal (watch the two-dismissal rule).
Post-Answer: File a Motion to Dismiss at Plaintiff’s Instance; the court will set terms (e.g., costs).
Anytime: Enter into a Compromise Agreement and ask for judgment upon compromise; case is then dismissed with the court retaining enforcement jurisdiction.

6.4 Civil case – settlement at the barangay

Proceed to conciliation if required; if you settle, ensure the written settlement is clear and sign it before the Lupon.
If you regret it, repudiate within the statutory period; otherwise it becomes final like a court judgment.

7) Special cautions and common pitfalls

Desistance ≠ dismissal. It’s evidence, not a magic wand. Expect the prosecutor or court to probe voluntariness and public interest.
Do not compromise criminal liability. You may settle civil claims, but do not sign agreements purporting to “drop the criminal case” as a condition—what you can promise is to execute desistance and not oppose a prosecutor’s motion.
Know the stage. Pre-arraignment dismissals are usually without prejudice; post-arraignment dismissals may raise double jeopardy concerns.
Mind special laws. Cases involving domestic violence, children, human trafficking, drugs, and similar public offenses are not candidates for dismissal based solely on desistance or private settlement.
Barangay requirement. Filing a civil case covered by barangay conciliation without prior conciliation (or a valid exception) can lead to dismissal for failure to comply with a condition precedent.
Two-dismissal rule (civil). Think ahead before using a Notice of Dismissal—the second one on the same claim is with prejudice.
Death of accused. Know the cut-off (before vs after final judgment) because it changes the fate of civil claims tied to the crime.

8) Template snippets (illustrative)

Affidavit of Desistance (criminal) I, [Name], of legal age, [status], residing at [address], after having been duly sworn, state:

I am the complainant/offended party in [Case Title/Criminal Case No. ___], pending before [Office/Court].

Due to [reasons: reconciliation, restitution, lack of desire to prosecute, etc.], I no longer wish to pursue the case.

I executed this affidavit freely and voluntarily, without force, intimidation, or promise of reward, and I understand that dismissal is subject to the prosecutor’s and the court’s evaluation.

I will no longer appear as a witness and waive claims on the civil aspect to the extent allowed by law [or attach Quitclaim/Release]. [Signature over printed name] • [Jurat/Notarial block]

Civil Compromise – core clauses

Mutual releases identifying all claims and the pending case.

Payment/Performance terms (amounts, schedule, mode).

Default clause (acceleration, interest, attorney’s fees).

Submission to court for judgment upon compromise and dismissal with retention of execution jurisdiction.

No admission of liability; entire agreement; bar to further claims (res judicata).

9) Quick decision trees

Criminal:

Is it a private crime requiring a complaint?
- No complaint/pardon? → Case cannot validly proceed.
Already filed in court?
- Yes → Desistance alone is insufficient; seek prosecutor’s motion or raise a legal ground (quashal, demurrer, speedy trial, provisional dismissal).
- No → Desistance may end the prosecutor’s complaint if probable cause fails.

Civil:

Pre-Answer? → Notice of Dismissal (watch two-dismissal rule).
Post-Answer? → Motion for Dismissal at Plaintiff’s Instance or Compromise and ask for judgment upon compromise.
Covered by barangay conciliation? → Secure settlement or certification first.

10) FAQ

“We’ve settled. Will the court dismiss the criminal case?” Maybe for the civil aspect. The criminal aspect continues unless the prosecutor and court agree there’s no case to prove or a rule-based dismissal applies.
“If the complainant stops appearing, is the accused acquitted?” Not automatically. The court may dismiss for failure to prosecute (sometimes with prejudice), but courts often allow subpoenas, alternative witnesses, or continuances first.
“Can we arbitrate/mediate criminal liability?” No. You may mediate civil claims only. Court-annexed mediation is for civil aspects.
“Can marriage/pardon erase sex-crime liability?” Historical rules existed for some private crimes, but later laws—especially where minors are involved—have severely restricted or eliminated these defenses. Treat them as unsafe to rely on without checking the current statute.

Final word (not legal advice)

Outcome turns on exact facts, offense charged, and timing. If you’re considering desistance or settlement:

In criminal cases, coordinate with the prosecutor and focus on rule-based exits (withdrawal of Information, quashal, plea bargaining, demurrer, speedy-trial dismissal, or provisional dismissal).
In civil cases, choose between voluntary dismissal and a compromise judgment, minding the two-dismissal rule and barangay prerequisites.
When in doubt, have counsel review the precise rule text that applies to your stage and offense.