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Affidavit of Desistance Sample and Complete Guide | Free Template

Affidavit of Desistance: Meaning, Purpose, and Sample Form

An Affidavit of Desistance is a sworn legal document executed by a complainant to formally declare that they are no longer interested in pursuing a criminal, civil, or administrative case. By signing this affidavit, the complainant expresses their desire to withdraw the complaint, discontinue participation in the case, or stop further legal action against the respondent.

While an Affidavit of Desistance may influence a case, it does not automatically guarantee dismissal, especially in criminal cases where the offense is public in nature. Courts and prosecutors may still evaluate the evidence and decide whether or not to proceed with the case based on public interest and legal grounds.

When Is an Affidavit of Desistance Used?

This affidavit is typically executed in situations such as:

  • Peaceful settlement or amicable agreement between complainant and respondent.
  • Lack of interest in continuing the complaint.
  • Resolution of misunderstanding or dispute.
  • Acknowledgment that the complaint was filed due to error, coercion, or emotional distress.
  • Insufficient evidence or withdrawal of cooperation in the case.
  • Desire to avoid further legal proceedings or personal conflict.

Some government offices or courts may require additional documents to support the desistance, such as settlement agreements or identification papers.

What Should Be Included in an Affidavit of Desistance?

A complete affidavit must include:

  • Full personal details of the complainant.
  • Case title, docket number, and parties involved.
  • Statement withdrawing the complaint or charges.
  • Reason for desistance.
  • Declaration that the affidavit is voluntary.
  • Signature of the affiant and notarization.

Since this affidavit affects legal proceedings, all statements must be clear, truthful, and freely made.

Sample Affidavit of Desistance (Editable Template)

Below is an editable and professional affidavit template. Replace all bracketed items with accurate information before printing and notarization.

REPUBLIC OF THE PHILIPPINES
[CITY / MUNICIPALITY]
[PROVINCE]

AFFIDAVIT OF DESISTANCE

I, [FULL NAME OF COMPLAINANT], of legal age, [citizenship], [civil status], and residing at [complete address], after having been duly sworn in accordance with law, hereby state:

1. That I am the complainant in the case entitled [Case Title] with docket number [Docket Number], filed against [Name of Respondent] pending before [Court/Office/Agency].

2. That after reevaluating the circumstances of the case, I have decided of my own free will to withdraw the said complaint and discontinue any further legal action against the respondent.

3. That the reason for this desistance is as follows: [state reason: amicable settlement, misunderstanding, lack of evidence, personal decision, etc.].

4. That I no longer wish to pursue the complaint and hereby request that the case be withdrawn, dismissed, or closed, subject to the evaluation and discretion of the appropriate authorities.

5. That I execute this Affidavit voluntarily, without force, intimidation, or coercion from any party.

IN WITNESS WHEREOF, I have hereunto set my hand this [day] day of [month, year], at [place of execution].



_________________________________
[FULL NAME OF COMPLAINANT]
Affiant

SUBSCRIBED AND SWORN to before me this [day] day of [month, year] at [place], affiant personally appearing and presenting valid proof of identity as follows:

ID Type and Number: [ID Number]
Date & Place of Issuance: [details]


_________________________________
NOTARY PUBLIC
Doc. No. _____;
Page No. _____;
Book No. _____;
Series of _____.

Disclaimer: This affidavit template is for general guidance only. The withdrawal of complaints—especially in criminal cases—may still require the approval of the prosecutor or the court.

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