Essential Documents and Procedures for Withdrawing a Criminal Complaint Before the Philippine Prosecutor’s Office

Dear Attorney,

Good day. I hope this letter finds you well. I am writing on behalf of a group seeking legal guidance regarding a criminal case that has recently taken an unexpected turn. The complainant is expressing the desire to withdraw the complaint filed against certain individuals, and we would like to know what documents are necessary to present before the Office of the Prosecutor (or the fiscal’s office) in order to effectively withdraw or discontinue the case.

We understand that there may be specific procedural requirements when a complainant moves to withdraw or drop charges at this stage. We would deeply appreciate your advice on the legal grounds, relevant documentation, and any other information that can help us comply with Philippine law and the rules of criminal procedure.

Thank you for sharing your expertise.

Sincerely,

A Concerned Citizen

I. INTRODUCTION

In the Philippine legal system, the desire of a complainant to withdraw a complaint raises multiple legal and procedural implications. The Office of the Prosecutor (commonly referred to as the “fiscal’s office” in older legal parlance) examines the merits of each complaint, determines probable cause, and decides whether or not to pursue prosecution. When a complainant decides to “drop the case,” procedural rules, jurisprudential pronouncements, and the broader interests of justice must be carefully weighed.

Under Philippine law, a “criminal act” is considered an offense against the State; thus, the prosecution generally has the discretion to proceed with or without the complainant’s cooperation if it finds probable cause. However, in many practical instances—especially in private offenses or those heavily dependent on the complainant’s testimony—the prosecutor may consider a complainant’s affidavit of desistance or other proofs of willingness to cease prosecution. This comprehensive legal article will explore the different types of documents required, the legal framework that governs withdrawal of criminal complaints, and the nuances of the process before the fiscal’s office.

II. RELEVANT LEGAL FRAMEWORK

A. The Revised Rules on Criminal Procedure

  1. Rule 110 (Prosecution of Offenses)

    • Under this rule, all criminal actions are prosecuted under the direction and control of the prosecutor. Even though the complainant initiates the complaint by filing a complaint-affidavit or by executing a sworn statement, the ultimate authority to withdraw or continue the action lies with the prosecutor’s office and, by extension, the court once the case is filed in court.

  2. Rule 112 (Preliminary Investigation)

    • This rule outlines the procedure for preliminary investigations, including the issuance of subpoenas, the submission of counter-affidavits, the possibility of clarificatory hearings, and the resolution determining the existence of probable cause. Any move by the complainant to withdraw the complaint during this stage would come within the ambit of this rule, since the matter is still pending before the Office of the Prosecutor.

B. The Revised Penal Code and Special Laws

  1. Offenses Subject to Private Interest

    • There are crimes that heavily rely on the active participation of the private complainant, such as Private Offenses (e.g., adultery or concubinage), crimes against chastity, or similar crimes that require a private offended party’s complaint. Under Article 344 of the Revised Penal Code, certain offenses require a complaint filed by the offended party. Should the offended party opt to withdraw, the proceedings often may not continue in the absence of that vital complaint (unless the law or rules otherwise provide for continued prosecution).

  2. Crimes Classified as Public Crimes

    • Most criminal offenses in the Philippines, such as theft, estafa, homicide, murder, or physical injuries, are public crimes. In such cases, the State is the offended party, and the private individual who lodged the complaint is merely a witness who can withdraw cooperation but cannot unilaterally “dismiss” the case. The prosecutor, having found probable cause, may pursue the case if it is in the interest of justice, notwithstanding the complainant’s desire to withdraw.

C. Jurisprudence and Court Decisions

  1. Affidavits of Desistance

    • The Supreme Court has consistently ruled that an affidavit of desistance is not a ground for the automatic dismissal of a criminal case (see People v. Bacor, G.R. No. 119281, among other cases). While it is a factor that a prosecutor or judge may consider, it does not bind the prosecution absolutely.
    • However, the affidavit of desistance gains more weight during the preliminary investigation stage, particularly in crimes that are personal or private in nature.

  2. Influence of Settlement or Compromise

    • In certain offenses involving property or those arising from contractual relations (e.g., estafa or violation of Batas Pambansa Blg. 22), compromise or settlement might influence the complainant’s desire to withdraw. Courts have, from time to time, allowed the parties to explore settlement. However, there is no guarantee that an amicable settlement, absent the prosecutor’s concurrence and court approval, automatically leads to withdrawal of the case. Some crimes, especially those punishable by special laws or considered mala in se, remain prosecutable by the State.

III. REASONS A COMPLAINANT MIGHT WITHDRAW A COMPLAINT

  1. Private Settlement or Compromise

    • The parties may have come to an agreement that satisfies the complainant’s civil interests, prompting the offended party to no longer desire to pursue criminal liability.

  2. Disinterest in Prolonged Litigation

    • Criminal proceedings can be time-consuming. Some complainants may lose interest or find it too burdensome to attend lengthy hearings and provide testimony.

  3. Mistaken Identity or Misunderstanding

    • Upon further reflection, the complainant might realize that the respondent is not the correct offender or that the situation was misunderstood.

  4. Change of Heart or Forgiveness

    • The complainant may choose to forgive the respondent, especially if the offense is relatively minor or if personal relationships are involved.

  5. Threats or Intimidation

    • In unfortunate situations, complainants might be pressured to withdraw the complaint, whether through threats or external pressure. Such withdrawals, although permissible, do not always automatically end the prosecution if the State still finds sufficient cause to go forward.

IV. DOCUMENTS COMMONLY SUBMITTED WHEN WITHDRAWING A COMPLAINT

  1. Affidavit of Desistance

    • This is the primary document evidencing the complainant’s manifestation that they are no longer interested in pursuing the complaint. It should detail the factual reasons for the withdrawal, executed under oath before an authorized officer.
    • Contents of the Affidavit of Desistance generally include:
      1. A statement of the date and details of the original complaint.
      2. A declaration of the complainant’s firm intention to withdraw.
      3. The factual or legal reasons motivating the withdrawal (e.g., settlement, realization of mistake, etc.).
      4. An attestation that it is being executed freely and voluntarily, without force, intimidation, or undue influence.
      5. An acknowledgment of the legal consequences of executing such an affidavit.

  2. Compromise Agreement or Settlement Agreement (If Applicable)

    • In instances where the complaint involves property, money claims, or civil liabilities that the accused has agreed to settle, a duly notarized Compromise or Settlement Agreement might be submitted. This shows that the complainant’s private interests have been addressed and that there is no further desire to criminally prosecute.
    • Key provisions often include:
      1. Identification of the parties.
      2. Terms of payment or restitution, if any.
      3. Release, waiver, or quitclaim of claims.
      4. Clause stating that the complainant will no longer pursue criminal charges.

  3. Payment Receipts or Proof of Restitution

    • In property or financial offenses, to prove that restitution or payment has already been made, parties may attach copies of official receipts, deposit slips, or any documentation that supports the satisfaction of the complainant’s claim.

  4. Correspondences or Emails

    • If the resolution was reached through exchange of letters or emails—particularly relevant if the parties were negotiating or clarifying misunderstandings—these may be attached to provide context. They are not mandatory but can help the prosecutor understand the circumstances behind the withdrawal.

  5. Any Other Supporting Affidavits

    • If there are other interested or similarly situated parties who can corroborate the complainant’s desire to withdraw, they, too, may execute joint or separate affidavits. This is especially important if the complaint affects multiple private complainants and only one is seeking withdrawal.

V. THE PROCEDURE FOR WITHDRAWING A COMPLAINT BEFORE THE PROSECUTOR

  1. Filing a Formal Manifestation or Motion to Withdraw

    • Typically, the complainant files either a Manifestation or a Motion to Withdraw Complaint (sometimes titled “Motion to Withdraw the Complaint-Affidavit”) directly with the Office of the Prosecutor, attaching the Affidavit of Desistance and other relevant documents.
    • Some offices of the prosecutor may prescribe a specific format or require that the affidavit be subscribed before them. Complainants should inquire at the prosecutor’s office for any specific local guidelines.

  2. Prosecutor’s Evaluation

    • Upon receipt of the motion or manifestation, the prosecutor will evaluate whether or not there remains sufficient basis to continue the investigation in the interest of justice.
    • The prosecutor checks for probable cause and the nature of the offense. If the crime is “public” in nature, the mere desire of the complainant to withdraw is not automatically conclusive. The prosecutor may decide to continue or terminate the preliminary investigation. If the offense is among those requiring the offended party’s active participation (e.g., private offenses), the prosecutor is more likely to end the case due to lack of a complaining witness.

  3. Possible Clarificatory Hearing

    • Depending on the complexity of the case, the prosecutor might call for a clarificatory hearing to ascertain that the affidavit of desistance is truly voluntary and that no compulsion is involved. This step ensures that the withdrawal is genuine and not the product of coercion.

  4. Resolution or Recommendation

    • After the evaluation, the prosecutor issues a resolution:
      1. Granting the withdrawal if it finds insufficient evidence or no reason to continue with the prosecution without the complainant’s cooperation.
      2. Dismissing the complaint if no probable cause is found.
      3. Continuing the prosecution if, notwithstanding the complainant’s withdrawal, the prosecutor believes there is strong evidence and a greater interest of justice at stake.

VI. EFFECT OF WITHDRAWAL ON THE CRIMINAL CASE

  1. Before the Filing of Information in Court

    • If the complaint is still undergoing preliminary investigation, the prosecutor’s office has the exclusive authority to decide. Should the prosecutor accept the withdrawal, the complaint is generally considered dismissed, subject to potential re-filing under exceptional circumstances (e.g., new evidence discovered).

  2. After the Filing of Information in Court

    • Once the information is filed in court, the matter is already within the jurisdiction of the judiciary. Even if the complainant executes an affidavit of desistance, it does not automatically result in dismissal. The court may require the prosecutor to file a motion to withdraw the information, and ultimately, the judge will decide whether or not to grant such withdrawal.

  3. Quasi-Offenses or Special Crimes

    • For certain quasi-offenses (like reckless imprudence resulting in homicide or physical injuries) and special laws (like violation of the Comprehensive Dangerous Drugs Act), even a withdrawal by the complainant may not suffice to dismiss the case if the prosecution has reasons to continue.

VII. PRACTICAL CONSIDERATIONS AND STRATEGIES

  1. Ensuring Voluntariness

    • The key to a valid withdrawal is ensuring that the Affidavit of Desistance is free from intimidation or coercion. Prosecutors may request personal appearance and ask probing questions to confirm the document’s authenticity.

  2. Consulting with the Respondent’s Counsel

    • Before finalizing a withdrawal, it may be prudent for the complainant’s and respondent’s counsels to discuss the terms, especially if there was a settlement or restitution. Transparency helps avoid future re-litigation.

  3. Addressing Civil Liability

    • If the complaint stems from both civil and criminal aspects (e.g., estafa with a claim of unpaid debt), the settlement terms should explicitly state how any civil obligation is to be satisfied or extinguished. This ensures that the withdrawal does not lead to further confusion regarding any outstanding civil liability.

  4. Documentation and Record Keeping

    • The parties should maintain copies of all signed documents. This includes the Affidavit of Desistance, any compromise agreement, and receipts evidencing payment, if any. These might be required in court if the case proceeds in some capacity or if any question arises about the sincerity or finality of the withdrawal.

  5. Court’s Discretion in Continuing the Case

    • For public crimes, the legal maxim “the offense is an outrage against the State” applies. Even in the face of an affidavit of desistance, the prosecutor or the court might find continuing the prosecution necessary if the interest of justice so demands.

VIII. FREQUENTLY ASKED QUESTIONS

  1. Is an Affidavit of Desistance by itself enough to dismiss a criminal case?

    • No. The affidavit of desistance does not automatically dismiss the case. It is simply an additional piece of evidence considered by the prosecutor or the court.

  2. If the offense is punishable under a special law, will a withdrawal be respected?

    • It depends on the nature of the offense and the evidence. Certain special laws (e.g., anti-drug statutes, anti-money laundering laws, or anti-corruption laws) involve a public dimension of wrongdoing. The prosecutor’s office or the court typically exercises caution before allowing withdrawal.

  3. What if the reason for withdrawal is intimidation or harassment by the accused?

    • Ideally, the prosecutor or the court should look into the circumstances behind the withdrawal. If there are signs of undue pressure, the authorities can reject the complainant’s withdrawal and may proceed with the case.

  4. Can the complainant re-file the case after withdrawing it?

    • Generally, yes, if it was dismissed provisionally or at the preliminary investigation stage and no double jeopardy has attached. However, the complainant must have valid grounds (e.g., newly discovered evidence, or an earlier withdrawal proven to be forced). Once double jeopardy has attached—for instance, after arraignment—the re-filing of charges for the same offense is typically barred.

  5. Does the complainant need a lawyer to execute an Affidavit of Desistance?

    • While it is not strictly required, seeking legal assistance ensures that the document is properly drafted, all interests are covered, and there is minimal risk of oversight. The prosecutor will also be more confident in the sincerity and correctness of a well-prepared affidavit.

IX. CASE SCENARIOS

  1. Scenario A: Private Offense Involving Spouses

    • In a case of adultery or concubinage, the offended spouse decides to forgive the offending spouse and the paramour. The offended spouse signs an Affidavit of Desistance, stating that they no longer wish to pursue the charge. Considering that such offenses require the participation of the offended party, the prosecutor will likely dismiss the complaint.

  2. Scenario B: Estafa with Complete Restitution

    • The complainant filed estafa charges but eventually receives full restitution from the respondent. Satisfied, the complainant executes an affidavit, attaches proof of payment, and requests the prosecutor to drop the case. The prosecutor typically weighs whether public interest is served by continuing. If no aggravating circumstances are present, the case may be dismissed.

  3. Scenario C: Physical Injuries with Minor Harm

    • An altercation led to a complaint for slight physical injuries. Later, the parties amicably settle, with the respondent shouldering medical expenses. The complainant signs an Affidavit of Desistance. The prosecutor might view the withdrawal favorably, though they still have the discretion to continue, especially if the injuries are more serious or there are aggravating factors.

  4. Scenario D: Drug-Related Offense

    • A family member who filed a complaint for possession of drugs on behalf of a minor victim changes their mind due to societal or familial pressure. Even with an Affidavit of Desistance, the prosecution might continue the case, given the strict policy against illegal drugs in the Philippines.

X. BEST PRACTICES FOR DRAFTING AN AFFIDAVIT OF DESISTANCE

  1. State All Relevant Facts Clearly

    • Include dates, approximate times, locations, and references to the original complaint. The more specific, the better to avoid misunderstandings.

  2. Cite the Voluntariness of the Execution

    • Use language that explicitly states that the affidavit is signed of the complainant’s own free will, without any inducement or threat.

  3. Explain the Reason for Withdrawal

    • Whether it is settlement, forgiveness, or a discovery of new facts, it should be stated. This helps the prosecutor evaluate the credibility of the withdrawal.

  4. Sign Before a Notary Public or Prosecutor

    • The document must be notarized to be legally valid and recognized. Some prosecutor’s offices even recommend that the affidavit be sworn to before the prosecutor handling the case.

  5. Retain Copies

    • Keep at least one copy (or more) for personal record. The original is typically filed with the prosecutor’s office.

XI. IMPACT OF AFFIDAVIT OF DESISTANCE ON EVIDENTIARY MATTERS

  1. Credibility of Witness

    • If the case continues despite withdrawal, the fact that the complainant changed their story or expressed disinterest may affect their credibility on the stand.

  2. Possible Acquittal or Weakening of the Prosecution’s Case

    • In many criminal cases, the testimony of the offended party can be crucial. If the complainant is no longer cooperative, it could weaken the prosecution’s evidence, leading to dismissal or acquittal.

  3. Potential Civil Implications

    • If the civil aspect is not fully settled, the withdrawal of the criminal complaint does not necessarily extinguish the civil liability unless explicitly included in a settlement agreement.

XII. ROLE OF THE FISCAL (PROSECUTOR) IN ASSESSING WITHDRAWAL

  1. Guardians of the Law and Public Interest

    • Prosecutors are mandated not just to rely on the complainant’s word but to uphold justice. This means analyzing the totality of evidence and ensuring that no crime goes unprosecuted merely due to private settlements in certain serious offenses.

  2. Weighing the Evidence

    • Even if the affidavit of desistance is submitted, the prosecutor will consider other evidence such as medical certificates, police reports, security camera footage, or witness testimonies. If these pieces of evidence remain strong, the withdrawal might not be granted.

  3. Ensuring No Abuse of Process

    • If the complainant has been filing multiple complaints and withdrawing them, or if the prosecutor suspects vexatious or malicious prosecution, the prosecutor might investigate whether sanctions are warranted or if the complainant acted in bad faith.

XIII. WITHDRAWAL IN SPECIAL PROCEEDINGS

Certain special proceedings, like those involving minors or domestic violence, might have distinctive considerations:

  1. Child Abuse Cases

    • Even if a parent or guardian wishes to withdraw a complaint involving child abuse, the government, through the Department of Social Welfare and Development (DSWD) or the prosecutor, can continue the case if it serves the best interests of the child.

  2. Violence Against Women and Their Children (VAWC)

    • Complaints under R.A. No. 9262 (Anti-VAWC Law) can be withdrawn by the victim, but prosecutors typically exercise heightened scrutiny. If the victim is coerced or otherwise pressured, the withdrawal might not be honored.

  3. Human Trafficking Cases

    • Victims of human trafficking might be threatened or intimidated into withdrawing. The Inter-Agency Council Against Trafficking (IACAT) and the government are mandated to protect victims, so such cases often proceed despite withdrawal attempts.

XIV. POTENTIAL PENALTIES AND REMEDIES

  1. If the Prosecutor Refuses to Allow Withdrawal

    • The complainant can file a motion for reconsideration with the Office of the Prosecutor. Failing that, the complainant might elevate the matter via petition for review to the Department of Justice (DOJ).

  2. Administrative Remedies

    • Complainants who feel that the prosecutor acted inappropriately or unreasonably can file an administrative complaint if there is a clear abuse of discretion. However, decisions grounded in an objective analysis of evidence will seldom be reversed.

  3. Threat of Perjury

    • If an affidavit of desistance contradicts earlier statements without a valid explanation, the affiant might risk perjury charges. This is a reason to ensure that any affidavit is truthful and made with full understanding of its consequences.

XV. CONCLUSION

Withdrawing a criminal complaint in the Philippines is not as simple as submitting a single document to the Office of the Prosecutor. Although the primary instrument for signifying a withdrawal is the Affidavit of Desistance, it is merely one factor—albeit a significant one—that the prosecutor or the court evaluates. The nature of the offense, the interests of justice, public policy considerations, and the strength of other evidence all inform the ultimate determination of whether or not the case proceeds.

For the complainant, drafting a thorough, accurate, and voluntary Affidavit of Desistance is key. It should precisely articulate the reasons for withdrawal, avoid contradictory or vague assertions, and reflect true voluntariness. Where applicable, attaching a compromise agreement or proof of restitution strengthens the credibility of the withdrawal. Nonetheless, the State can continue prosecution in certain public crimes or if the evidence is strong enough to merit going forward.

Understanding the complexities of withdrawing a criminal complaint ensures that the rights of both complainant and respondent are respected. With guidance from legal counsel, all parties can navigate this process systematically, abiding by the legal requirements set forth in the Revised Rules on Criminal Procedure, the Revised Penal Code, relevant special laws, and controlling jurisprudence. Ultimately, the aim is to strike a balance between the personal interests of the complainant and the public’s interest in the fair and efficient administration of justice.

Disclaimer: This legal article is for informational purposes only and should not be construed as legal advice. Always consult a qualified attorney for specific guidance related to any individual case or legal matter.

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

Privacy Policy

Terms of Use

Lawyer Login

 
 
Privacy Policy         Terms of Use         Lawyer Login