RAMON MAGSAYSAY MEMORIAL COLLEGES-MARBEL INC

College of Criminal Justice Education

Criminology Program
Purok Waling-Waling, Arellano Street, Koronadal City (9506)
Telephone/Fax No. 083-228-2880

MODULE 2

LEGAL FORMS

Lesson 2

A. Specific Objectives:

At the end of this lesson student should be able to:

a. Understand what is Affidavit of Desistance

b. When do we need an Affidavit of Desistance
c. Identify the what you need to create the Affidavit of Desistance
d. Know how to make an Affidavit of Desistance

B. Time allotment: 1 Hour

C. Discussion

What is an Affidavit of Desistance

This refers to the complainant, who executes an affidavit of desistance, when

he/she no longer wishes to pursue a case against an accused or defendant in a court
case. The complainant states that he/she didn't really intend to institute the case and
he/she is no longer interested in testifying or prosecuting.

This is the only ground for dismissing the case if only the prosecution can no
longer prove the guilt of the accused beyond reasonable doubt without the testimony
of the offended party.

When do you need an Affidavit of Desistance?

An Affidavit of Desistance is needed when you are no longer interested in pursuing

a complaint or criminal case against another person. This can be for a variety of
reasons, such as:

 You have already amicably settled with the other person;

 You are no longer willing to spend either time or effort in prosecuting the
other person; and
 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:
 RAMON MAGSAYSAY MEMORIAL COLLEGES-MARBEL INC
College of Criminal Justice Education
Criminology Program
Purok Waling-Waling, Arellano Street, Koronadal City (9506)
Telephone/Fax No. 083-228-2880

 The type of entity of the complainant (e.g. individual or business) as well as

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

Sample of Affidavit of Desistance

REPUBLIC OF THE PHILIPPINES

CITY OF MANILA

l, Juan del la Cruz, of legal age, single, and a resident of # 123 Main St., Malate,
Manila, after having duly sworn to in accordance with law hereby depose and state:

1. I am the complaining witness for Serious Physical Injuries against Jesus Santos in
the case entitled "People of the Philippines versus Jesus Santos", Criminal Case No.
12345, Metropolitan Trial Court, Branch No. 11, City of Manila.

2. After my sober and soul searching assessment and analysis of the incident, I have
realized that because I was not wearing my eyeglasses and it was dark, I can not point
out, without a doubt the accused or any other person/s who inflicted harm against me.

3. Since I could not state with certainty and without doubt the liability of Jesus
Santos, in fairness to him, I am permanently withdrawing my complaint against him. I
clear him of whatever responsibility or liability to me.

4. I hereby inform the City Prosecutor of Manila that I am withdrawing my complaint

for Serious Physical Injuries in Criminal Case No. 12345 entitled "People of the
Philippines versus Jesus Santos", Metropolitan Trial Court, Branch No. 11, City of
Manila.

5. I likewise request the Metropolitan Trial Court, Branch No. 11, City of Manila to
dismiss with prejudce the said criminal case.

IN WITNESS WHEREOF, I hereby set my hand this _ day of September 20__

at the City of Manila.

Juan de la Cruz
Complaining Witness

SUBSCRIBED AND SWORN to before me this 22nd day of January 20__ at the City
of Manila, Philippines.

Romeo Abad
Public Prosecutor

D. Activity:

1. Make an Affidavit of Desistance (Crimes against Property cases)