Affidavit of Desistance (Philippines) — Sample, Effect on a Case, Free Generator

REPUBLIC OF THE PHILIPPINES )
CITY OF [MAKATI CITY] ) S.S.
x----------------------------------------x

AFFIDAVIT OF DESISTANCE

I, [ROBERTO C. AQUINO], of legal age, married, Filipino, and a resident of [12 Amorsolo Street, Barangay San Lorenzo, Makati City], after having been duly sworn in accordance with law, hereby depose and state that:

1. I am the complainant in the criminal complaint entitled "[Roberto C. Aquino v. Michael D. Torres]" for [Estafa], docketed as [NPS Docket No. XV-05-INV-26A-01234], now pending preliminary investigation before the [Office of the City Prosecutor of Makati City];

2. The said complaint arose from [a misunderstanding between the respondent and myself concerning the accounting of goods delivered in March 2026];

3. After a re-examination of my records and a discussion with the respondent, I have come to realise that [the shortfall was the result of a bookkeeping error on my part and not of any deceit on the part of the respondent];

4. I am therefore no longer interested in pursuing the said complaint, and I hereby desist from further prosecuting the same;

5. I am executing this affidavit freely and voluntarily, without any consideration, promise, force, intimidation or undue influence from any person, and with full understanding that the disposition of the complaint rests entirely with the [Office of the City Prosecutor of Makati City];

6. I understand that this affidavit does not dismiss the complaint, that a criminal action is prosecuted under the direction and control of the prosecutor, and that I remain bound to obey any subpoena or other lawful process that may be issued to me;

7. I am executing this affidavit to attest to the truth of the foregoing and for the information and guidance of the [Office of the City Prosecutor of Makati City].

IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of __________, 20____, at [Makati City], Philippines.

                                        ______________________________
                                        [ROBERTO C. AQUINO]
                                        Affiant

SUBSCRIBED AND SWORN to before me this ____ day of __________, 20____, at [Makati City], affiant exhibiting to me [his Driver's Licence No. N01-23-456789] as competent evidence of identity.

                                        ______________________________
                                        Notary Public

Doc. No. ______;
Page No. ______;
Book No. ______;
Series of 20____.

Get the caption right — it depends on the stage

The most common defect in a home-made desistance is a caption that mixes the two stages: a court-style “People of the Philippines v. …” title sitting over an NPS docket number that belongs to a prosecutor's office. Before an information is filed there is no criminal case and the People are not yet a party — there is a complaint between a complainant and a respondent. After the information is filed, the People are the plaintiff, the respondent becomes the accused, and the docket is a Criminal Case No. before a named court and branch.

What desistance actually does — and what it does not

This is the point most articles get wrong, so it is worth stating bluntly. An affidavit of desistance does not dismiss a criminal case. A criminal action in the Philippines is prosecuted in the name of the People of the Philippines, not the complainant. Once a case is filed, the prosecutor controls it, and once it is in court, the court does. Your desistance is a piece of evidence they take into account. It is not an instruction they must follow.

What it does do is remove the prosecution's main witness. In practice, where the complainant's testimony is the whole case — many estafa, slight physical injuries, or unjust vexation complaints — a desistance filed at the preliminary investigation stage very often results in a dismissal for lack of evidence. Where there is independent evidence, or where the offence is one the State takes over regardless, it may change nothing at all.

When it usually works, and when it usually does not

Before you sign one, understand these risks

Legal basis: Rule 110 sec. 5 of the Rules of Criminal Procedure (criminal actions are prosecuted under the direction and control of the prosecutor); Revised Penal Code art. 183 (perjury). Philippine jurisprudence consistently treats an affidavit of desistance as not binding on the court and views one executed after conviction with particular suspicion.

How to fill it in

1. 1

   Identify the stage first, then the case

   Check whether an information has been filed. If it has not, use a complainant-against-respondent title with the NPS docket number, and address the affidavit to the prosecutor. If it has, use the People of the Philippines v. Accused title with the Criminal Case No., the court and the branch, and address it to the court. A caption that does not match the stage is why a desistance sits unmatched in an office tray.

2. 2

   State your reason truthfully

   A misunderstanding, a re-examination of records, a reconciliation, a settlement of the civil aspect. If there was a settlement, say so — it is not shameful and it is what actually happened.

3. 3

   State that you are desisting

   Use the words 'I am no longer interested in pursuing the said complaint and I hereby desist from further prosecuting the same.' Do not write 'I move that the case be dismissed' — that is not yours to move.

4. 4

   Include the voluntariness clause

   That it is executed freely, without consideration, force, intimidation or undue influence — but only if that is true. If you were paid, describe the settlement instead of denying consideration.

5. 5

   Acknowledge who decides

   Stating that you understand the disposition rests with the prosecutor or the court shows the document was executed with understanding, which is exactly what a prosecutor checks.

6. 6

   Do not undertake to disobey a subpoena

   Leave out any promise that you will not testify or will not appear. It gives the prosecutor nothing to act on and commits you in writing to ignoring lawful process. If you are eventually subpoenaed you attend; what you then say under oath is a matter for your testimony, not for this affidavit.

Where to file it

If the case is still at preliminary investigation, file it with the Office of the City or Provincial Prosecutor handling the complaint, with a copy furnished to the investigating prosecutor. If an information has already been filed, file it with the court where the case is pending, through the Clerk of Court, with a copy to the prosecutor. Keep a stamped 'received' copy for yourself in both situations.