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Unlock & Generate — ₱199 or get All-Access — ₱999/30 daysWhat Is an Affidavit of Desistance?
An Affidavit of Desistance is a sworn declaration by the complainant in a legal proceeding that they are withdrawing their complaint and are no longer interested in pursuing the case against the respondent. It is one of the most commonly requested documents in Philippine practice — used in criminal complaints at the barangay, city prosecutor's, and court levels, as well as in administrative proceedings.
Complainants and barangay offices often use the Filipino term Sinumpaang Salaysay for any sworn statement; an Affidavit of Desistance — a withdrawal of complaint affidavit — is the notarized version executed specifically to withdraw a complaint.
The affidavit does not guarantee dismissal — but it is a legally significant document that often influences the outcome of proceedings, particularly for private crimes and cases that depend entirely on the complainant's participation.
Key Legal Points
- In criminal cases, the State (People of the Philippines) is the real complainant — a private complainant's desistance does not bind the prosecutor or court
- For public crimes (robbery, homicide, estafa with public interest), the case may proceed even with an affidavit
- For private crimes (rape upon private complaint, adultery, concubinage), the affidavit has greater weight
- In barangay mediation and katarungang pambarangay proceedings, the complainant's desistance generally closes the case
- Courts scrutinize affidavits of desistance carefully — they must be executed freely and voluntarily, not under pressure
Required Facts in an Affidavit of Desistance
- Complainant's identity — full name, address
- Case reference — case number, docket, or complaint-affidavit reference
- Respondent's name
- Voluntary withdrawal — clear statement that the complainant is withdrawing freely
- Reason for withdrawal (optional but often included) — settlement, reconciliation, or that the matter has been amicably resolved
- Exoneration clause (optional) — if the complainant wishes to declare the respondent not responsible
- Statement that no pressure was applied — protects the validity of the affidavit
Free Affidavit of Desistance Template
I, Juan Dela Cruz, single, Filipino, of legal age, and with residence at 123 Mabuhay Street, Barangay San Antonio, Quezon City, after having been duly sworn in accordance with law, hereby depose and state that:
1. That I am the private complainant in the case entitled "People of the Philippines vs. Pedro Reyes", docketed as Crim. Case No. R-QZN-25-12345-CR, pending before the Regional Trial Court, Branch 56, Quezon City for Estafa;
2. That I have decided to enter into an amicable settlement with the accused pertaining to the civil aspect of the said case, the accused has paid me the sum of ₱100,000.00 as full and complete settlement of the civil aspect of the case, and I no longer have any intention to pursue my complaint against the accused;
3. That, as a consequence of the foregoing, I am formally withdrawing my complaint and hereby execute this Affidavit of Desistance to effect the same;
4. That the foregoing facts are true and correct to the best of my personal knowledge and belief.
I am executing this affidavit for the purpose of formally withdrawing my complaint and supporting the dismissal of the said case, and for whatever legal purpose it may serve.
IN WITNESS WHEREOF, I have hereunto set my hand this January 15, 2026 at Quezon City, Philippines.
SUBSCRIBED AND SWORN to before me this January 15, 2026 at Quezon City, Philippines, affiant exhibiting to me his/her competent evidence of identity.
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