Does an affidavit of desistance withdraw a criminal case like sexual assault and/or acts of lasciviousness?

Understanding Affidavit of Desistance

An affidavit of desistance is a legal document in which the complainant states their intention to withdraw their complaint against the accused. This document is often submitted to the court to indicate that the complainant no longer wishes to pursue the case.

Effect of an Affidavit of Desistance

While an affidavit of desistance can significantly impact the progress of a criminal case, it does not automatically result in the dismissal of the charges. The decision to dismiss a case rests with the prosecutor and, ultimately, the court. The prosecution may still continue if there is sufficient evidence to proceed without the complainant’s testimony.

Sexual Assault and Acts of Lasciviousness

Criminal cases involving sexual assault and acts of lasciviousness are serious offenses under Philippine law. These crimes are considered public offenses, meaning the state has an interest in prosecuting them, even if the complainant withdraws. The rationale is to prevent impunity and ensure that justice is served.

Prosecutorial Discretion

The prosecutor has the discretion to decide whether to continue with the case despite the affidavit of desistance. If the evidence is strong enough to secure a conviction, the prosecutor may opt to proceed. The court also has the authority to evaluate the merits of the case independently of the complainant’s desire to withdraw.

Judicial Precedents

Philippine jurisprudence indicates that an affidavit of desistance does not automatically result in the dismissal of criminal cases. The Supreme Court has consistently ruled that public interest prevails in prosecuting serious offenses, and the withdrawal of a complaint does not bind the prosecution or the court.

Conclusion

An affidavit of desistance, while influential, does not guarantee the withdrawal or dismissal of criminal cases such as sexual assault and acts of lasciviousness in the Philippines. The prosecutorial and judicial authorities retain the discretion to proceed with the case based on the evidence and the public interest in ensuring justice.