An Affidavit of Desistance is a sworn statement by a complainant withdrawing their criminal complaint. It is commonly used in barangay conciliation proceedings, NBI and police complaint submissions, and preliminary investigations before the prosecutor's office. It is important to understand, however, that an Affidavit of Desistance does not automatically dismiss a criminal case — the State may proceed with prosecution independently, particularly for public offenses.
Legalia automates the drafting. This tutorial walks you through the complete process of generating a notary-ready Affidavit of Desistance online — from logging in to saving a print-ready PDF — in five steps.
What you need before you start
- A Legalia Pro subscription — subscribe here
- The complainant's full name, civil status, and complete address
- The case title or name of the respondent
- The docket number (if already assigned) and date the complaint was filed
- The office where the complaint was filed (barangay, police station, NBI, or prosecutor's office)
- The reason for withdrawing the complaint
Step 1: Log In and Open Your Dashboard
Sign in to your Legalia account at https://legalia.ph. After logging in you will land on the document library dashboard, which lists all available document types grouped by category — Affidavits, Contracts, Deeds, and more.
Step 2: Select Affidavit of Desistance
Under the Affidavits category, click Affidavit of Desistance. The document editor opens in a two-panel layout:
- Left panel — the guided form with all required and optional fields
- Right panel — the live document preview, updated in real time
Every change you make in the form is immediately reflected in the preview — you always see exactly what will print.
Step 3: Fill In the Form
Complete the fields on the left panel. The form is divided into two sections:
Complainant Information
| Field | Notes |
|---|---|
| Full Name | Exactly as it appears on a government-issued ID |
| Civil Status | Single / Married / Widowed / Legally Separated |
| Address | Complete residential address including barangay, city/municipality, and province |
Case Details
| Field | Notes |
|---|---|
| Case Title / Name | Name of the respondent or the title of the case — e.g., "In Re: Complaint against Juan dela Cruz" |
| Docket Number | Optional. Include if a docket number has already been assigned; leave blank if the complaint is still at the pre-docket stage |
| Date Complaint Filed | The date the original complaint was submitted |
| Office Where Filed | Barangay, police station, NBI office, or prosecutor's office — specify the complete name and location |
| Reason for Desistance | Clearly state the voluntary reason for withdrawing the complaint; courts and prosecutors scrutinize this for credibility. Affirm that the withdrawal is free from threats, intimidation, or consideration. |
Step 4: Review the Live Preview
The right panel shows the document exactly as it will print. Review the full text carefully — especially the complainant's identity, the case details, the reason for desistance, and the jurat block at the bottom.
An optional tool appears at the top of the preview panel:
- Polish with AI — rewrites the reason for desistance in formal legal Philippine English while preserving all facts. Useful when the reason was entered in casual or informal language.
Step 5: Print or Save as PDF
When the document looks correct, click the Print button in the action bar. Your browser's print dialog opens.
- To print on paper: select your printer and click Print.
- To save a PDF: change the Destination to Save as PDF. The output is a clean document with no UI chrome, headers, or footers — formatted for standard 8.5×11 or A4 paper with correct margins and line spacing for notarial use.
Bring the printout to your commissioned notary public for the complainant's oath and signature, then submit to the relevant barangay, police, NBI, or prosecutor's office.
That is the complete workflow — from opening the dashboard to a notary-ready Affidavit of Desistance.
Generate Your Affidavit of Desistance — Pro Plan Required
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