Affidavit of Desistance

What is an Affidavit of Desistance?

An Affidavit of Desistance is a written statement under oath by the complainant stating that
he’s no longer interested in pursuing the complaint or criminal case against another person. The
complainant will no longer assist in prosecuting the other person by not giving either evidence or
testimony.

The Affidavit of Desistance is filed before the office or court where the complaint is pending or
being investigated. However, please note that merely filing the Affidavit of Desistance does not
automatically dismiss the complaint or criminal case. The decision to dismiss the complaint or criminal
case ultimately lies with the investigating officer or the judge.

When do you need an Affidavit of Desistance?

An Affidavit of Desistance is needed when you’re no longer interested in pursuing a complaint or

criminal case against another person. You may wish to desist from the complaint or criminal case for a
variety of reasons, such as:

1. You have already amicably settled with the other person

2. You are no longer willing to spend time or effort in prosecuting the other person
3. You realized that you filed the complaint or criminal case against the wrong person

In such cases you file the Affidavit of Desistance to show the investigating officer or judge that you
are no longer interested and want to have the complaint or criminal case dismissed.

What information do you need to create the Affidavit of Desistance?

To create your Affidavit of Desistance you’ll need the following minimum information:

 The type of complainant (i.e. individual or business) as well as name and details (i.e. nationality
and address).
 The type of person against whom the complaint or criminal case was filed (i.e. individual or
business) as well as name and details (i.e. nationality and address).
 Brief description of the complaint or criminal case (i.e. the crime involved, complaint or criminal
case number, etc.)

Reference: https://legaltree.ph/documents/22#:~:text=An%20Affidavit%20of%20Desistance%20is,giving
%20either%20evidence%20or%20testimony.

Activity 3

Make an affidavit of desistance. Refer to your Google classroom for the attachment.