Affidavit of Desistance (Philippines)
AFFIDAVIT OF DESISTANCE
Republic of the Philippines
[Notarization City]
S.S.
I, [Affiant Name], [Affiant Age] years of age, [Civil Status], Filipino citizen, with address at [Affiant Address], after having been duly sworn in accordance with law, do hereby depose and state:
1. That on [Filing Date], I filed a complaint against [Respondent Name] before the [Filing Venue] for [Offense / Charge], docketed as [Case Number].
2. That after due reflection and deliberation, I am executing this Affidavit of Desistance to voluntarily withdraw my complaint against [Respondent Name] for the following reason:
[Reason for Desistance]
3. That this Affidavit of Desistance is executed freely and voluntarily, without any threats, coercion, undue influence, promise of money, or any other improper consideration, and with full knowledge and understanding of the legal implications of withdrawing my complaint.
4. That I respectfully pray that the [Filing Venue] take note of this desistance and consider the same in the disposition of the above-captioned case.
IN WITNESS WHEREOF, I have hereunto set my hand this [Affidavit Date] at [Notarization City], Philippines.
[Affiant Name]
Affiant — [Government ID]
SUBSCRIBED AND SWORN to before me this [Affidavit Date] at [Notarization City], Philippines.
The affiant exhibited to me his/her competent evidence of identity: [Government ID].
NOTARY PUBLIC
Commission No. _______________
Until December 31, _______________
PTR No. _______________ / IBP No. _______________
Roll No. _______________ / MCLE Compliance No. _______________
Doc. No. ___; Page No. ___; Book No. ___; Series of ___.
Affiant (Complainant)
________________
Signature
What Is a Affidavit of Desistance (Philippines)?
An Affidavit of Desistance in the Philippines sets out facts the deponent solemnly affirms to be true, in a form that can be relied on by a court or authority.
An Affidavit of Desistance does not automatically dismiss a criminal case in the Philippines. Under the doctrine established in People v. Belgar (G.R. No. 182794, January 12, 2011) and People v. Lacbayen (G.R. No. 187714, September 6, 2010), criminal prosecution is a matter of public interest vested in the State through the Office of the Prosecutor General and the Solicitor General, and the private complainant's desistance does not divest the State of its authority to proceed. However, an Affidavit of Desistance is highly material in cases where the complaint requires proof of the victim's lack of consent or where the complainant's testimony is essential to the prosecution's case.
For offenses that are private crimes — rape under Republic Act No. 8353 (Anti-Rape Law of 1997) as qualified, adultery and concubinage under Articles 333-334 of the Revised Penal Code (RPC), and seduction/abduction/acts of lasciviousness under Articles 337-346 of the RPC — the Affidavit of Desistance of the offended party carries significant weight because the prosecution of these offenses depends on the victim's continued participation and testimony. The Supreme Court in People v. Boromeo (G.R. No. 150051, June 10, 2004) held that an Affidavit of Desistance executed freely and voluntarily is a mitigating consideration in sentencing.
An Affidavit of Desistance differs from a Compromise Agreement (which resolves the civil aspect of the complaint) and from a Withdrawal of Complaint (a pleading filed by counsel). The affidavit is a personal sworn statement of the complainant-affiant, executed before a notary public under the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), and must state the affiant's free will without duress or consideration (threat, promise of money, or pressure) to be valid.
For barangay-level disputes covered by the Katarungang Pambarangay Law (Chapter 7, Title I, Book III of Republic Act No. 7160, Local Government Code), desistance is handled through the Lupong Tagapamayapa and recorded in the barangay blotter, without requiring a formal notarized affidavit.
The legal framework governing the Affidavit of Desistance (Philippines) in Philippines draws on several key statutes and regulatory bodies. Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Parties executing a Affidavit of Desistance (Philippines) in Philippines should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Civil Code of the Philippines (RA 386) sets the foundational requirements.
When Do You Need a Affidavit of Desistance (Philippines)?
An Affidavit of Desistance in the Philippines is needed when a complainant in a criminal or administrative case decides to withdraw the complaint for any of several lawful reasons.
An Affidavit of Desistance is needed when the parties in a criminal case have reached an amicable settlement of the dispute — particularly in estafa (Article 315, Revised Penal Code), theft (Article 308), unjust vexation (Article 287), or malicious mischief (Article 327) cases — and the complainant wishes to document the withdrawal of the criminal complaint alongside a civil compromise agreement.
An Affidavit of Desistance is required when the complainant determines that the complaint was filed under a mistake of fact or due to misunderstanding, and the respondent has satisfactorily explained the circumstances. The prosecutor will consider the desistance in deciding whether to continue the preliminary investigation under the 2000 Revised Rules on Criminal Procedure (A.M. No. 00-5-03-SC).
An Affidavit of Desistance is needed in cases involving private offenses under the Revised Penal Code — adultery, concubinage, seduction, abduction — where the offended party's continued participation is essential. Courts have recognized that in these cases the complainant's sworn desistance substantially undermines the prosecution's ability to prove the elements of the offense beyond reasonable doubt.
An Affidavit of Desistance is needed when a complainant in an administrative case before the Civil Service Commission (CSC), Office of the Ombudsman, or Professional Regulation Commission (PRC) no longer wishes to proceed. Administrative bodies give significant weight to the complainant's desistance, particularly where the complaint is not based on public interest grounds.
An Affidavit of Desistance is required when a labor complainant before the NLRC or DOLE wishes to withdraw a complaint for illegal dismissal, money claims, or labor standard violations, often as part of a quitclaim and release agreement under the settlement procedures of the DOLE Single Entry Approach (SEnA) under DOLE Department Order No. 107-10.
What to Include in Your Affidavit of Desistance (Philippines)
A valid Affidavit of Desistance in the Philippines must contain the following elements to be accepted by the prosecutor, court, or administrative body and to withstand scrutiny for voluntariness.
Affiant's Personal Circumstances: Full legal name, age, civil status, citizenship, and complete address of the complainant-affiant. Under the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), the notary must verify the identity of the affiant through competent evidence of identity — a valid government-issued ID with photo and signature.
Case Reference: The complete title, docket number, and venue of the criminal or administrative case. For complaints at the prosecutor's office level, the NPS complaint number (I.S. No.) and the name of the handling prosecutor. For cases already filed in court, the criminal case number, branch, and court.
Identification of Respondent: Full name of the respondent against whom the complaint was originally filed, the nature of the offense or charge (with the specific provision of law, e.g., Article 315 of the RPC for estafa), and the date the original complaint was filed.
Statement of Desistance: An unequivocal declaration that the affiant is withdrawing the complaint and desisting from further prosecuting the respondent, stating the reason for desistance without admitting any element of coercion, payment, or improper inducement. Statements of desistance motivated by consideration received from the respondent are viewed with suspicion by Philippine courts (People v. Ballabare, G.R. No. 108871, November 19, 1996).
Voluntariness Clause: An explicit statement that the desistance is executed freely and voluntarily, without threats, coercion, undue influence, promise of money, or any other improper consideration, and with full understanding of the legal implications of withdrawing the complaint.
Notarization: Execution before a notary public under the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), with the notary's signature, seal, commission number, and PTR number. The affiant must personally appear before the notary to take the oath, as affidavits may not be notarized through electronic means under current NPS rules.
Additional compliance elements for a Affidavit of Desistance (Philippines) used in Philippines include: Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Forms-legal.com provides this template as a starting point for Philippines-compliant documentation.
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}Frequently Asked Questions
An Affidavit of Desistance does not automatically dismiss a criminal case in the Philippines. Criminal prosecution is a matter of public interest vested in the State through the Office of the Prosecutor General, the Department of Justice (DOJ), and ultimately the Solicitor General. The Supreme Court has consistently held — in People v. Dela Cruz (G.R. No. 168457, December 27, 2007) and People v. Lacbayen (G.R. No. 187714, September 6, 2010) — that the private complainant's affidavit of desistance does not deprive the State of its right to proceed with the prosecution. The prosecutor has discretion to continue or dismiss the complaint based on the sufficiency of evidence independent of the complainant's desistance. However, where the complainant's testimony is the primary or sole evidence supporting the charge, desistance effectively destroys the prosecution's case. The DOJ Secretary may order dismissal of the case on reinvestigation under DOJ Circular No. 70-A if the affidavit of desistance is credible and supported by other circumstances indicating that the crime was not committed or that the respondent is not probably guilty.
An Affidavit of Desistance, once validly executed and submitted to the prosecutor or court, may be retracted by the affiant through a subsequent sworn affidavit explaining the reasons for the retraction. Philippine courts and prosecutors treat retracted affidavits of desistance with caution, particularly where the retraction follows an unexplained delay or where the circumstances suggest the initial desistance was induced by payment or pressure. The Supreme Court in People v. Junio (G.R. No. 110990, February 6, 1997) held that recantation or retraction is viewed with disfavor as a rule and requires independent corroboration to be given weight. A complainant seeking to retract an affidavit of desistance must execute a notarized Affidavit of Retraction stating the reason for the original desistance and explaining why it was not freely voluntary. The prosecutor or court will evaluate the totality of circumstances — including whether consideration was paid and subsequently returned — in deciding how to weigh the conflicting sworn statements.
An Affidavit of Desistance in the Philippines must be notarized to be legally effective as evidence before courts, the National Prosecution Service (NPS), the Office of the Ombudsman, or any administrative body. Under the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), an affidavit is a written statement of facts sworn to before a notary public, and the notarial seal and signature are required for the document to be considered a public document under Rule 132, Section 19 of the Revised Rules on Evidence. An unnotarized statement of desistance carries no greater legal weight than a private communication and may be disregarded by the prosecutor or court. The affiant must personally appear before the notary public for identification and oath-taking — the Supreme Court in Heirs of Amada Lustre v. Remigio (G.R. No. 142392, July 7, 2009) emphasized that notarial acts require physical presence of the affiant. Barangay-level desistance before the Lupong Tagapamayapa under RA 7160 is an exception, as it is recorded in the barangay blotter without requiring formal notarization.
An Affidavit of Desistance in the Philippines is a unilateral sworn statement by the complainant declaring withdrawal of the criminal or administrative complaint, addressing the public (criminal) aspect of the case. A Compromise Agreement is a bilateral contract between the parties settling the civil aspect of the dispute — the civil liability arising from the criminal act — under Article 2028 of the Civil Code of the Philippines, and is subject to court approval under Rule 17 of the Rules of Court. The two documents address different aspects of a Philippine case: criminal liability (addressed by the affidavit of desistance) versus civil liability (addressed by the compromise agreement). For crimes with a civil component — estafa (Article 315 RPC), damage to property, theft — the parties typically execute both documents simultaneously: the affidavit of desistance to withdraw the criminal complaint, and the compromise agreement to settle the civil claims including return of the stolen amount or payment of damages. Under Article 2034 of the Civil Code, a compromise agreement on the civil liability does not bar criminal prosecution by the State, but the affidavit of desistance addresses the criminal aspect.
An employer in the Philippines cannot coerce or pressure an employee to sign an Affidavit of Desistance as a condition of employment, payment of final pay, or release of clearance. Coerced desistance is void and may itself constitute a criminal act of grave coercion under Article 286 of the Revised Penal Code. The Supreme Court in Blue Dairy Corporation v. NLRC (G.R. No. 129843, September 14, 1999) and in subsequent decisions has held that quitclaims and affidavits of desistance in the labor context are void when executed under duress or in consideration of the employee's full compensation — the employee's signature on such documents does not bar NLRC claims if the consideration is inadequate or if the execution was involuntary. An employee who feels pressured to sign an Affidavit of Desistance by an employer may file a complaint with the DOLE Regional Office or the NLRC, and a separate criminal complaint for grave coercion (Article 286 RPC) or grave threats (Article 282 RPC) if threats were used to compel signature. A validly executed, freely given affidavit of desistance in connection with a genuine settlement is, however, recognized as effective.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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