Title: Affidavit of Desistance and Criminal Prosecution in the Philippines
An Affidavit of Desistance can often serve as a lifeline for a defendant in criminal proceedings in the Philippines, but it is important to understand its implications and limitations. Essentially, an Affidavit of Desistance is a declaration made by a complainant stating their intention not to pursue a case.
The common misconception is that once an Affidavit of Desistance is filed, it automatically extinguishes the criminal liability of the accused. However, the Supreme Court has ruled that the submission of an Affidavit of Desistance by the complainant does not automatically result in the dismissal of the case, especially when it involves crimes against public interest, such as qualified theft.
In such crimes, once the state has commenced the criminal action, the case is prosecuted not merely on behalf of the private complainant but the state whose interest is to punish the offender to deter others from committing similar offenses.
In case the defendant fails to comply with the settlement terms, the complainant may inform the court about such non-compliance. The court, upon proper motion or motu proprio, can then decide whether to disregard the desistance and continue with the case. This approach emphasizes the role of public interest over private arrangements in criminal proceedings.
Remember, while the complainant may lose interest in pursuing the case, the state may still decide to continue prosecuting the action if it finds that the crime committed is of serious nature affecting public interest. The advice of a competent legal counsel should always be sought to navigate such complexities in criminal proceedings.