affidavit of desistance

hi guys! I just want to ask if a complainant signs an affidavit of desistance, will that bar him from pursuing the criminal case? pls enlighten me. thanks and more power

Generally yes it will bar the prosecution from pursuing the case as this will create a reasonable doubt on the guilt of the accused.

But nothing in law is absolute. There will always be an exception to te general rule. That is why courts, most of the time, specially so when the accused had already been arraigned, will set a hearing to determine the validity of an affidavit of desistance before issuing an order dismissing a criminal case.

Paniero,(or Sir, because Im no longer a lawyer) I just want to share this to everyone. This is about the effect of an affidavit of desistance in relation to a disbarment case.

Complainant's desistance or withdrawal of the complaint does not exonerate respondent or put an end to the administrative proceedings. A case of suspension or disbarment may proceed regardless of interest or lack of interest of the complainant. What matters is whether, on the basis of the facts borne out by the record, the charge of deceit and grossly immoral conduct has been proven. This rule is premised on the nature of disciplinary proceedings. A proceeding for suspension or disbarment is not a civil action where the complainant is a plaintiff and the respondent lawyer is a defendant. Disciplinary proceedings involve no private interest and afford no redress for private grievance. They are undertaken and prosecuted solely for the public welfare. They are undertaken for the purpose of preserving courts of justice from the official ministration of persons unfit to practice in them. The attorney is called to answer to the court for his conduct as an officer of the court. The complainant or the person who called the attention of the court to the attorney's alleged misconduct is in no sense a party, and has generally no interest in the outcome except as all good citizens may have in the proper administration of justice. VICTORINA BAUTISTA, COMPLAINANT, VS. ATTY. SERGIO E. BERNABE [A.C. No. 6963, February 09, 2006]

Ps. This is not my case

admiral thrawn wrote:Generally yes it will bar the prosecution from pursuing the case as this will create a reasonable doubt on the guilt of the accused.

But nothing in law is absolute. There will always be an exception to te general rule. That is why courts, most of the time, specially so when the accused had already been arraigned, will set a hearing to determine the validity of an affidavit of desistance before issuing an order dismissing a criminal case.

thank you admiral thrawn. I am the complainant in a criminal case. The suspect wants to make an "AREGLO." They want to pay me an amount so that I will drop the case but they said I have to execute first an affidavit of desistance. I dont want this case to drag me further because I am a very busy person and I cant afford to attend hearings and also the payment of attorneys fees. I told them show me the money first before I sign the affidavit of desistance. Is that a wise move for me sir?

too bad for mr disbarred lawyer. but you're not referring to a criminal case I guess. so maybe thats one exception admiral thrawn is referring to

oskie wrote:

admiral thrawn wrote:Generally yes it will bar the prosecution from pursuing the case as this will create a reasonable doubt on the guilt of the accused.

But nothing in law is absolute. There will always be an exception to te general rule. That is why courts, most of the time, specially so when the accused had already been arraigned, will set a hearing to determine the validity of an affidavit of desistance before issuing an order dismissing a criminal case.

thank you admiral thrawn. I am the complainant in a criminal case. The suspect wants to make an "AREGLO." They want to pay me an amount so that I will drop the case but they said I have to execute first an affidavit of desistance. I dont want this case to drag me further because I am a very busy person and I cant afford to attend hearings and also the payment of attorneys fees. I told them show me the money first before I sign the affidavit of desistance. Is that a wise move for me sir?

OO naman. Bayad muna bago pirma!!! Mahirap na baka hindi ka bayaran eh. And try to consult your lawyer kung ok ba yung affidavit na ginawa ng kalaban nyo.

I hope you will solve your problem since malapit na ang pasko, di ba???

^oskie, na file mo na ba yung complaint sa fiscal?

or yung fiscal na ba ang humahawak ng kaso?

admiral thrawn wrote:

oskie wrote:

admiral thrawn wrote:Generally yes it will bar the prosecution from pursuing the case as this will create a reasonable doubt on the guilt of the accused.

But nothing in law is absolute. There will always be an exception to te general rule. That is why courts, most of the time, specially so when the accused had already been arraigned, will set a hearing to determine the validity of an affidavit of desistance before issuing an order dismissing a criminal case.

thank you admiral thrawn. I am the complainant in a criminal case. The suspect wants to make an "AREGLO." They want to pay me an amount so that I will drop the case but they said I have to execute first an affidavit of desistance. I dont want this case to drag me further because I am a very busy person and I cant afford to attend hearings and also the payment of attorneys fees. I told them show me the money first before I sign the affidavit of desistance. Is that a wise move for me sir?

OO naman. Bayad muna bago pirma!!! Mahirap na baka hindi ka bayaran eh. And try to consult your lawyer kung ok ba yung affidavit na ginawa ng kalaban nyo.

I hope you will solve your problem since malapit na ang pasko, di ba???

thank you sir. konti lang yung inalok sakin pero iniisip ko lang yung abala na maidudulot sakin ng kaso. magpipirmahan na kami next week pero sinabi ko ung advice nyo na magbayad muna sila kaya sabi ni fiscal na kaliwaan ung bayaran

b_9904 wrote:^oskie, na file mo na ba yung complaint sa fiscal?

or yung fiscal na ba ang humahawak ng kaso?

sir naka file na ung case. may warrant na pero wala pang arraignment kc at large ung suspect pero lumalapit ung mga kamaganak nya sakin na nakiki areglo para maurong ung kaso

FOLLOWUP QUESTION: What if the parties already started the presentation of evidence, will the court still allow the dismissal of the case if the complainant signs an affidavit of desistance? thanks

Pwede pa rin as long as hindi pa submitted for decision ang case.. I have encountered this before..I was the counsel for the accused and the prosec started to present his witness but the judge who presides the case urged the parties to settle the case amicably. so nag set sya ng 2 to three seetings for judicial mediation...nag haggle kami ng amount ng babayaran ..pumayag yung kabila ayun dismiss ang kaso after mag execute ng affidavit of desistance...pati yung mga future appearance fee ko napurnada, hehehehe ayus lang mahalaga hindi na makukulong ang cliente ko!!!

admiral thrawn wrote:Pwede pa rin as long as hindi pa submitted for decision ang case.. I have encountered this before..I was the counsel for the accused and the prosec started to present his witness but the judge who presides the case urged the parties to settle the case amicably. so nag set sya ng 2 to three seetings for judicial mediation...nag haggle kami ng amount ng babayaran ..pumayag yung kabila ayun dismiss ang kaso after mag execute ng affidavit of desistance...pati yung mga future appearance fee ko napurnada, hehehehe ayus lang mahalaga hindi na makukulong ang cliente ko!!!

thank you po sir. may natutunan nanaman ako. astig yung ginawa nyo.

hello everyone, I just read a case and the Court held that the mere filing of affidavit of desistance or “Salaysay ng Pag-uurong ng Habla” by the aggrieved party herself, does not ipso facto make the criminal case dismissible. I hope somebody explains this coz Im a little bit confused. thanks and God Bless

the citation is SPOUSES RODOLFO and SYLVIA CABICO vs. JUDGE EVELYN L. DIMACULANGAN-QUERIJERO, EN BANC, A.M. No. RTJ-02-1735, April 27, 2007

Trina, what that means is: If there are other pieces of evidence (other than the complainant's testimony) that will sustain a guilty verdict, the case will not be dismissed by the court even if the aggrieved party desists from prosecuting the case.

But if the testimony of the aggrieved party is indispensable for the prosecution, the desistance will cause the dismissal of the case for insufficiency of evidence.

Hi guys,

I filled a slight physical injuries and unjust vexation case against an 18 year old guy. He and his family went to my house to ask for an apology and begged me to drop the case i filled against him... having felt he really feels sorry of what he did (well maybe baka magaling magdrama...) it makes me think na din to drop na nga the case... He's still young, and i dont wnt to deprive him din naman of his chance to have a good future. I know that being an ex-con (whether we accept it or not) has this social stigma that he'll carry forever in his life.... What i am thinking now is to state to my affidavit of desistance that i will drop the case against him kung mag papa rehab sya, since his mother told me that he's into drugs... would that be possible?

thanks and God bless

Then just make a condition that you will only execute an affidavit of desistance if and when this guy will be enrolled in a rehab...i think this cannot be written in the affidavit itself because usually an affidavit of desistance contains matters that would say that accused/respondent is not guilty of any wrong doing.And if you will include your desired condition in the affidavit it might imply that you are just foregoing with the case eventhough the accused really had commited an offense.this will not put an end to the case specially so if there are other evidence that will point to your 18year olde offender.well this is just my opinion!!!

By the way are you the victim or the parent or relative of the victim??

Thanks for the reply Really appreciate your opinion...
For your question, yup. i am the victim of that mauling incident.

ask ko na din po mga expert dito, medyo malayo po kasi ito sa field ko eh....... may kaso po kasi ako... (ako po ung nagcocomplain) theft, bali nanakawan po ako tapos nakikipagsettle po ung mga nagnakaw sa akin, palibhasa po eh medyo may pinagsamahan kami dati nung mga nagnakaw, nagkaayos po kami na bayaran na lang nila ung nawala sa akin without interest na, etc... as in ung plain lang na nanakaw, kaso po gusto nila na partial payment lang ang gagawin nila,... pwede po ba un? mag iissue na po ba agad ako ng affidavit kahit hindi pa sila full payment sa akin?

gaarasama, is this complaint in the prosecutor's office? you should just enter into a compromise agreement with motion for provisional dismissal. it should have a clause that as long as they are paying the case may be archived, and only upon full payment should the case be dismissed fully.

baka pwede humingi ng opinyon sa inyo?..complainant ako, gusto ko ng iurong ung kaso finile ko. nagpagawa narin ako ng affidavit of disistance kaso ayaw tanggapin ng prosecutor.ano ba dapat gawin ko para maiurong ung kaso?..

ayoko ng umatend sa mga hearing kasi dahil busy aq. tapos tinataokt p ako ng prosecutor na ako daw yung kakasuhan pag hindi ako umatend.ano b dapat gawin ko?..

baka pwede humingi ng opinyon sa inyo?..complainant ako, gusto ko ng iurong ung kaso finile ko. nagpagawa narin ako ng affidavit of disistance kaso ayaw tanggapin ng prosecutor.ano ba dapat gawin ko para maiurong ung kaso?..

panog, what is this case you filed? the problem with affidavits of desistance (which i don't support) is that the tend to show that the affiant committed perjury in filing the complaint with the lame excuse that after more thought, they simply were mistaken.

theft and physical injury.nung pinapapirmahan nnmn s piskal.ayaw primahan,kaya hnd maiatras ung kaso.ano b dapat kung gawin para maiatras ung kaso..maxado kcing abala eh.tnx

these are mediatable offenses. i'm surprised that the fiscal is being hard-nosed, but many get pissed when complainants file a case then suddenly back out when they get paid.

it should be the respondent who should be worrying about this. another way out, if the fiscal will agree, would be enter into an agreement under the Philippine Mediation Center. it costs P500.