Affidavit of Withdrawal of Complaint in the Philippines

Disclaimer: The following information is provided for general informational purposes only and does not constitute legal advice. Laws and regulations may change over time, and their application can vary depending on the specific facts involved. For personalized guidance or advice, always consult a qualified attorney licensed in the relevant jurisdiction.

Affidavit of Withdrawal of Complaint in the Philippines

1. Overview

An Affidavit of Withdrawal of Complaint is a legal document in which the person who initially filed a complaint (the complainant) formally states their intention to withdraw or discontinue the complaint. In the Philippines, this affidavit is commonly used in situations where a party who has lodged a criminal or civil complaint before the appropriate authorities decides, for various reasons, to no longer pursue it.

While it may seem straightforward—simply stating the desire to end the case—there are important legal implications and procedures that must be followed. Not all types of complaints can be automatically withdrawn at will, and certain offenses or legal processes may continue irrespective of the complainant’s desire to withdraw.

2. Typical Situations Where It Is Used

  1. Criminal Cases (e.g., slight physical injuries, oral defamation):

    • In the Philippine criminal justice system, some offenses are considered private or semi-public crimes, where the willingness of the offended party to pursue the case is necessary. If the complainant no longer wishes to continue with the case, an affidavit of withdrawal may play a role.
    • However, for public crimes such as murder or serious offenses, the prosecution typically proceeds even without the complainant’s participation if there is sufficient evidence.

  2. Civil Cases (e.g., money claims, property disputes):

    • If parties reach an amicable settlement or for other reasons, the plaintiff (complainant) may execute an affidavit of withdrawal and file it in court, effectively discontinuing or dismissing the action.

  3. Administrative Complaints (e.g., complaints against public officers, labor complaints):

    • In certain administrative proceedings (such as those filed before the Civil Service Commission or the Department of Labor and Employment), a complainant may submit a withdrawal affidavit, though the discretion ultimately resides with the agency to allow or deny the withdrawal, depending on the nature of the complaint.

3. Legal Basis and Guidelines

  1. Discretion of the Prosecutor or Court

    • In criminal cases, even if the complainant executes an affidavit of withdrawal, the prosecuting authority (or the court) is not strictly bound to dismiss the case. The prosecutor or judge may still evaluate whether there is probable cause or sufficient evidence to pursue the case in the interest of the public.

  2. Nature of the Offense

    • Private Crimes (e.g., adultery, concubinage, acts of lasciviousness initiated by the offended party) may generally be withdrawn if the aggrieved party decides not to pursue them.
    • Public Crimes (e.g., theft, homicide, rape) usually involve the State as the real party in interest. The State can continue the prosecution if it deems it necessary to serve public interest, regardless of a withdrawal affidavit.

  3. Settlement or Compromise

    • In civil actions, the parties can arrive at a settlement, then file an affidavit of withdrawal of complaint (or motion to dismiss) to conclude the proceedings. Courts typically grant such motions unless there is a compelling reason not to do so (e.g., the settlement is contrary to law, morals, or public policy).

4. Format and Contents

An Affidavit of Withdrawal of Complaint generally contains the following elements:

  1. Title/Caption:

    • State the case title (e.g., “People of the Philippines vs. Juan Dela Cruz,” or “Maria Santos vs. ABC Corporation”) and the docket or reference number if already filed in court or an administrative agency.

  2. Affiant’s Personal Details:

    • Name, age, nationality, address, and any other identifying details.

  3. Reference to the Complaint:

    • Provide details of the complaint that is being withdrawn, including dates, offenses alleged, or claims, so it is clear which complaint is intended to be withdrawn.

  4. Statement of Intent to Withdraw:

    • A clear and unequivocal declaration that the affiant is withdrawing or no longer interested in pursuing the case or complaint.

  5. Reason for Withdrawal (Optional):

    • Though not always required, providing a concise explanation can help clarify motives. Reasons can include an amicable settlement, a desire to move on, or realization of insufficient evidence, among others.

  6. Attestation Clause and Oath:

    • An affidavit must be subscribed and sworn to before a notary public or other person authorized by law to administer oaths.

  7. Date and Signature:

    • The date of execution, followed by the affiant’s signature, and the jurat (the notarial portion).

Below is a simplified sample outline (not a one-size-fits-all) of what an Affidavit of Withdrawal of Complaint might look like:

Republic of the Philippines   )
City/Municipality of ________ ) S.S.

                        AFFIDAVIT OF WITHDRAWAL OF COMPLAINT

I, [Name of Affiant], of legal age, Filipino, [status], and a resident of [Address], after having been duly sworn to in accordance with law, hereby depose and state:

1.  I am the complainant in [Case Title], docketed as [Case/Docket Number], pending before the [Name of Court/Prosecutor’s Office/Agency].

2.  I filed the complaint against [Name of Respondent(s)] for [Brief description of the offense or cause of action].

3.  I have decided to withdraw the complaint for the following reason(s):
    - (Optional) Briefly state the reason.

4.  I execute this Affidavit of Withdrawal freely, voluntarily, without threat, intimidation, or consideration of any monetary or other promise, except as stated in any attached amicable settlement agreement (if applicable).

5.  With the filing of this Affidavit, I understand that the final decision to dismiss or continue with the case rests upon the prosecutor or the court, as may be prescribed by law.

IN WITNESS WHEREOF, I have hereunto set my hand this __ day of __________, 20__ at ______________.

[Signature of Affiant]
[Name of Affiant]

SUBSCRIBED AND SWORN to before me this __ day of __________, 20__ at __________. Affiant exhibited to me his/her [valid ID details] as competent proof of identification.

[Signature of Notary Public]
[Name of Notary Public]
Notary Public for ______________
Commission No. ______________
Until __________
Roll No. __________
PTR No. __________
IBP No. __________
Doc. No. ___;
Page No. ___;
Book No. ___;
Series of 20__.

5. Effects and Limitations

  1. Effect on the Case

    • If it is a civil or quasi-criminal action (e.g., a complaint for damages or a case for slight offenses where the complaint is critical), the withdrawal affidavit often results in a motion to dismiss or the termination of the case.
    • In purely public crimes, the prosecutor can opt to continue the case if it serves the public interest.

  2. Impact on Settlement

    • In many instances, the affidavit of withdrawal is tied to an amicable settlement agreement, leading to a dismissal of the case. Such agreements should be carefully drafted to avoid future disputes.

  3. Public Policy Concerns

    • Even with an Affidavit of Withdrawal, the law aims to protect the greater public interest—particularly in serious crimes—so the State is not automatically bound by the complainant’s preference.

  4. Risk of “Affidavit Recantation”

    • If a complainant changes their mind again, an affidavit can also be reversed by an “Affidavit of Recantation.” However, courts are generally cautious in giving conclusive weight to recantations because they might be induced by external pressures.

6. Procedural Steps When Submitting an Affidavit of Withdrawal

  1. Drafting the Affidavit

    • The complainant or their counsel prepares the affidavit, ensuring it includes the necessary facts and details.

  2. Notarization

    • The complainant signs the affidavit in the presence of a notary public or any authorized officer who can administer oaths.

  3. Filing or Submission

    • The notarized affidavit is submitted to the court, prosecutor’s office, or administrative body where the complaint is pending.

  4. Court/Prosecutor’s Action

    • The court or prosecutor will review the affidavit in the context of the case. If the complaint can be dismissed without prejudice to public interest, the case may be withdrawn. If the crime is considered of public interest, the court or prosecutor may continue the proceedings.

7. Practical Considerations

  1. Consult a Lawyer

    • Before withdrawing a complaint, consult with a legal professional to fully understand the implications. A lawyer can properly draft the affidavit and advise on any liabilities or consequences of withdrawal.

  2. Amicable Settlement

    • If a settlement is reached, ensure it is lawful and not contrary to public policy. Document the settlement in writing to avoid future misunderstandings.

  3. Court Discretion

    • Remember that a criminal case belongs to the State once it is filed. Even if you withdraw, the prosecution may proceed if there is sufficient public interest.

  4. Avoid Coercion

    • Affidavits of withdrawal can come under scrutiny if evidence suggests the complainant was coerced or intimidated. One should be prepared to state under oath that the withdrawal is voluntary and executed without undue pressure.

  5. Repercussions of Filing Multiple Complaints

    • If you have previously withdrawn complaints only to re-file them, this might affect your credibility or complicate future filings.

Conclusion

An Affidavit of Withdrawal of Complaint is a crucial document within the Philippine legal system that allows a complainant to signal their wish to discontinue a case or complaint. While it can lead to a swift conclusion of certain civil or quasi-criminal matters, it does not always guarantee automatic withdrawal or dismissal—particularly in crimes that are considered public in nature. When considering the execution of this affidavit, it is always prudent to consult a qualified attorney to ensure that legal rights and interests are adequately protected, and that all necessary formalities are correctly followed.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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