Affidavit of Desistance: Meaning

It is a written statement, signed under oath by the complainant or another witness, saying that he or she is no longer interested in the case. Some also take back earlier statements. When the affidavit withdraws testimony already given, the decisions call it a retraction or recantation. In Adlawan v. People (2018), the document was titled "Affidavit of Recantation and Desistance."

In Adlawan, the accused had been convicted of frustrated homicide, and the complainant then signed an affidavit of recantation and desistance. The Supreme Court affirmed the conviction and explained the rules:

• Retractions are viewed with disfavor. Courts generally look with disfavor upon retractions of testimonies previously given in court. A retraction can be considered and upheld only where special circumstances, together with it, raise doubts about the truth of the earlier testimony.
• It is only an additional ground. It can support the defense, but it is not by itself a reason to acquit.
• After conviction, it carries little weight. Such an affidavit "is not reliable, and deserves only scant attention", because affidavits of retraction "can easily be secured from witnesses, usually through intimidation or for a monetary consideration."

In Firaza v. People (2007), the Court said the same in other words: it "frowns upon affidavits of desistance or recantation made after conviction of the accused."

No. Article 89 lists the ways criminal liability is totally extinguished: death of the convict, service of the sentence, amnesty, absolute pardon, prescription of the crime, prescription of the penalty, and the marriage of the offended woman as provided in Article 344. An affidavit of desistance is not on the list.

The two rulings deal with affidavits made after a trial court had decided. They do not explain what happens to an affidavit filed at the prosecutor's office before a case reaches court, or in crimes that can be prosecuted only on the complaint of the offended party. Those questions depend on the crime and the stage of the case. An affidavit is also a sworn statement: knowingly making untruthful statements on a material matter in it can raise a question of perjury under Article 183.

Made-up illustration: Rosa testified in court that her neighbor stabbed her, and the neighbor was convicted. Months later she signs an affidavit saying she no longer wants to pursue the case. Under Adlawan and Firaza, an affidavit made after conviction deserves only scant attention, unless special circumstances raise real doubt about her earlier testimony. More on this: affidavit of desistance: does it end a criminal case?