Filing an Affidavit of Desistance in the Philippines

How to file an affidavit of desistance in the Philippines?

In the Philippines, an affidavit of desistance is a legal document where a complainant or a victim declares that they no longer wish to pursue charges or a complaint against the accused. Here is a comprehensive guide on how to file an affidavit of desistance.

Step-by-Step Guide to Filing an Affidavit of Desistance

1. Understanding the Affidavit of Desistance:

   • An affidavit of desistance indicates that the complainant voluntarily withdraws their complaint. It does not automatically result in the dismissal of the case, as the decision lies with the prosecutor or the court.
   • It must be noted that an affidavit of desistance is not a settlement but a formal declaration to cease pursuing the case.

2. Drafting the Affidavit:

   • The affidavit should be written clearly, stating the personal details of the complainant, details of the accused, the nature of the complaint, and the reason for desistance.
   • It should explicitly state that the decision to desist is made voluntarily, without any coercion or undue influence.

3. Contents of the Affidavit:

   • Introduction: State your name, age, civil status, address, and occupation.
   • Body: Provide the details of the case, including the criminal case number (if applicable), the date of filing the complaint, and the nature of the complaint.
   • Statement of Desistance: Clearly state that you are desisting from the complaint and provide the reasons for this decision.
   • Voluntariness: Affirm that the decision to desist is made voluntarily and without any external pressure.
   • Acknowledgment: State that you understand that the decision to desist does not necessarily mean the case will be dismissed.

4. Notarization:

   • The affidavit must be signed in the presence of a notary public. This step is crucial to ensure the document's authenticity and legality.
   • Bring a valid ID for identification purposes when appearing before the notary public.

5. Submission to the Appropriate Authority:

   • Submit the notarized affidavit of desistance to the prosecutor’s office or the court where the case is pending.
   • Ensure you receive a copy of the receipt or any proof of submission for your records.

6. Follow-Up:

   • After submission, follow up with the prosecutor’s office or the court to understand the status of your case.
   • The prosecutor or judge will review the affidavit and decide whether to dismiss the case or proceed despite the desistance.

Legal Implications

• Court’s Discretion: Even with an affidavit of desistance, the prosecutor or judge has the discretion to continue with the case if they believe there is sufficient evidence to proceed without the complainant's cooperation.
• Potential Penalties for False Affidavits: Providing false information in an affidavit can lead to legal consequences, including charges of perjury.

Key Points to Remember

• An affidavit of desistance is not a guarantee of case dismissal.
• Ensure the affidavit is clear, honest, and voluntarily made.
• Always have the document notarized to authenticate its validity.
• Follow up with the legal authorities to stay informed about your case status.

By understanding and following these steps, individuals in the Philippines can properly file an affidavit of desistance, ensuring their actions are legally recognized and respected within the judicial system.