Affidavit of Desistance during an On-Going Hearing: A Question-and-Answer Guide

Question: If a hearing is on-going, can an affidavit of desistance be applied?

Answer:

An affidavit of desistance is a sworn statement, usually executed by the complainant in a criminal case, expressing the desire to drop the charges or not to pursue the case any further. Here's what you should know about its application during an on-going hearing in the Philippines:

1. When can it be applied?:

An affidavit of desistance can be executed and presented at any stage of a criminal case, including during an on-going hearing.

2. Effect of the Affidavit of Desistance:

The presentation of an affidavit of desistance does not automatically result in the dismissal of the case. The decision to dismiss still lies in the hands of the prosecutor (for cases still at the preliminary investigation stage) or the judge (for cases already filed in court).
In many instances, the court considers the reasons for the desistance and assesses whether the complainant executed the affidavit freely and voluntarily or under duress, threat, or intimidation.

3. Nature of the Offense Matters:

The effect of an affidavit of desistance often depends on the nature of the offense. For private crimes, like slander or acts of lasciviousness, where the offended party has the capacity to forgive, an affidavit of desistance may lead to the dismissal of the case.
However, for public crimes, where the state is the aggrieved party, such as in cases of homicide or robbery, the prosecution may decide to continue prosecuting the case even if the private complainant opts to desist, as it is the state's interest that is primarily affected.

4. Caution for the Complainant:

The complainant should be aware that executing an affidavit of desistance may have implications. If the court believes that the original complaint was made in bad faith or with malice, the complainant may be held liable for false accusations.

Conclusion:

While an affidavit of desistance can be applied during an on-going hearing, its effectiveness in resulting in the dismissal of a case varies depending on several factors. It's essential for parties considering this avenue to consult with legal professionals to fully understand the implications and consequences of their actions.

Disclaimer: This article is intended for informational purposes only and should not be construed as legal advice. Consult a legal expert for advice specific to your situation.