Affidavit of Desistance

An Affidavit of Desistance is a document that sets forth the desire of a person called the affiant to desist from pursuing a particular case that is already filed against a certain person called the respondent, especially in criminal cases.

In this affidavit, the affiant will include in a sworn statement, the circumstances of the case which he no longer wants to pursue. This may include the reasons as to why the affiant is desisting from pursuing the case, and the actions taken to arrive at such decision.

To request the dismissal of the case, this document is submitted to the fiscal or the officer handling the investigation of the case (This stage of the case is called preliminary investigation), or the court where the case is pending (if the case is already being handled by the court after a preliminary investigation).

The act of the affiant in desisting through this affidavit can be made at any point after its filing until he has given his testimony in court. Once his testimony is already given, an affidavit of desistance can no longer be used by the affiant, instead, an affidavit of recantation should be used where the affiant will recant or withdraw the statements previously made in a testimony.

It must be noted that the submission of this affidavit does not automatically dismiss the case, as the dismissal of the case will ultimately be subject to the discretion and decision of the handling fiscal, officer, or court.

How to use this document

An Affidavit of Desistance contains the following information:

• The identity of the affiant who wants to desist from pursuing the case,
• The details of the case filed,
• An option to narrate the circumstances or narration of the case,
• The identity of the respondent or respondents, and
• The reason for the affiant's desistance.

The necessary attachments to this affidavit may vary as follows:

• If the affiant is a representative of an organization, the authority of the affiant to file the case may be attached to the affidavit. E.g. secretary's certificate.
• If the parties have entered into a settlement agreement like a Mutual Release, Waiver, and Quitclaim, then it may also be attached.

After completing the affidavit, at least two copies must be printed. Then both copies must be presented and signed in front of a notary public for notarization. One copy will be given to the notary public, and the other will be kept by the affiant and may be used for its intended purpose.

Applicable Law

Affidavits are governed by the 2004 Rules on Notarial Practice. It should also be noted that making untruthful statements in a notarized affidavit may be punishable under the Revised Penal Code of the Philippines.

How to modify the template

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.