Concern
You are concerned about whether you could face arrest or other legal consequences if you fail to attend a hearing in a case you filed against your husband, especially considering that you both have signed an affidavit of desistance and reached an agreement regarding custody of your children.

∇ Legal Contemplator

Foundational Observations

Let me start from the basics. You mentioned that you filed a case against your husband. This immediately suggests that there was some initial criminal, civil, or legal dispute brought to the court's attention. However, now the situation seems to have shifted because you and your husband have decided to settle the matter privately, leading to the affidavit of desistance.

An affidavit of desistance is a written statement expressing the desire of a complainant to no longer pursue a case. While this may seem straightforward, legal systems, especially in the Philippines, treat such documents with caution because the public interest can outweigh the private wishes of individuals involved in certain cases.

First Question: Does the nature of the case affect your obligation to attend hearings?

What kind of case was filed?
- If the case involves a crime against persons (e.g., domestic violence under Republic Act No. 9262, or the Anti-Violence Against Women and Their Children Act), the court and the state may have a strong interest in pursuing it even if you, as the complainant, want to withdraw. Crimes of this nature are considered offenses against the state, not just against you personally.
- However, if the case is a purely civil matter (e.g., a petition for support, custody, or annulment), your decision to desist will likely be more influential.
What role does the affidavit of desistance play?
- Courts do not automatically dismiss cases based on affidavits of desistance, particularly in criminal cases. Judges are cautious to ensure that such affidavits are not coerced or signed under duress. They may also weigh the seriousness of the offense against the public interest.
- This raises a secondary question: Is the affidavit legally binding in the eyes of the court? Or is it merely a request for dismissal?
What does the law say about your obligation to attend hearings?
- Generally, as the complainant, your attendance at hearings is critical. Failing to attend without a valid reason can lead to consequences like case dismissal or being held in contempt of court. However, the severity of the consequence depends on the case's stage, its nature, and whether the court views your absence as an obstruction of justice.

Second Question: Can you be arrested for non-attendance?

Arrest warrants and their triggers:
- In criminal cases, an arrest warrant is typically issued for the accused, not the complainant, unless the latter is held in contempt. Arrest warrants are unlikely for non-attendance alone unless it disrupts court proceedings or violates a direct court order.
- However, your absence could potentially hinder the case you initiated, leading to its dismissal. While not the same as arrest, this could have legal and emotional repercussions, especially if custody agreements or other outcomes are tied to the case’s resolution.
What about the affidavit of desistance?
- If the court has already been informed of your desistance, and this aligns with the settlement between you and your husband, your absence might carry less weight. However, courts may still require your physical presence to verify that the desistance was voluntary and not the result of coercion or bribery.

Third Question: How does custody factor into the situation?

Is the custody agreement binding without the case?
- If custody was resolved as part of the settlement, it is crucial to determine whether this agreement was formally recognized by the court. Informal agreements may not hold up legally if future disputes arise.
Can your non-attendance impact custody?
- If the custody agreement is part of the pending case, failing to attend could delay its resolution, potentially complicating the custody arrangement.

Revisiting Initial Assumptions

Now that I’ve laid out the foundational questions, let’s revisit your main concern: Could you face arrest for failing to attend?

This depends on multiple factors:

The nature of the case (criminal vs. civil).
The court’s perception of your desistance and whether it accepts it as a valid reason for dismissal.
Whether your absence significantly disrupts court proceedings.

Given the affidavit of desistance, there’s a reasonable chance the court may view your absence as less critical, especially if it aligns with the resolution you reached with your husband. But this isn’t guaranteed—courts are unpredictable, and each judge may approach the situation differently.

Exploring Potential Scenarios

Scenario A: Criminal Case
- If this case falls under the Anti-VAWC Act or similar laws, your absence could signal to the court that you are no longer cooperating with the case. While this may lead to dismissal, it’s also possible the court will subpoena you to clarify your position.
- If you ignore a subpoena, you could potentially face contempt charges, which carry penalties including fines or imprisonment.
Scenario B: Civil Case
- In a civil matter, your absence might simply result in delays or dismissal without further legal consequences. However, this could jeopardize the custody agreement if it relies on the court’s formal approval.
Scenario C: Mixed Outcome
- There’s also the possibility of the case being dismissed but lingering questions about whether custody agreements remain enforceable without court involvement.

Ethical and Practical Considerations

Ethical dimension of desistance:
- It’s worth reflecting on why the case was filed in the first place. If serious wrongdoing occurred, withdrawing the case might not be in your long-term interest, even if it feels like the easiest solution now.
Practical advice:
- If attending is at all possible, it may be wise to do so to avoid uncertainty.
- Consider consulting a local lawyer to ensure the affidavit of desistance and custody agreement are formally recognized by the court.

Final Thoughts

After careful analysis, it seems unlikely that you would face arrest simply for failing to attend the hearing, provided the court is aware of your affidavit of desistance and finds it credible. However, non-attendance could have indirect consequences, such as case dismissal, potential contempt charges, or complications with your custody agreement.

If possible, attending the hearing or formally communicating with the court through legal counsel is the safest course of action. This ensures that your intentions are clear and minimizes any risk of legal complications.