Can a complainant withdraw a criminal case in the Philippines? This is one of the most frequently asked questions by victims, respondents, and family members after criminal charges have been filed.

The short answer is generally no.

Under Philippine law, criminal offenses are prosecuted in the name of the People of the Philippines, not merely on behalf of the private complainant. Consequently, once the criminal justice process has begun—particularly after an Information has been filed in court—the complainant cannot unilaterally withdraw or dismiss the criminal case. Instead, the public prosecutor exercises control over the prosecution, while the trial court ultimately determines whether the case should proceed or be dismissed.

Although a complainant may execute an Affidavit of Desistance or express an intention to stop pursuing the case, such desistance does not automatically terminate criminal proceedings. Philippine courts have consistently ruled that criminal cases involve public interests that cannot be defeated solely by the wishes of the complainant.

See Crespo v. Mogul, G.R. No. L-53373,June 30, 1987 as reaffirmed in Hipos, Sr. v. Bay, G.R. Nos. 174813-15 March 17, 2009, Santos v. Orda, Jr.,G.R. No. 158236 September 1, 2004, Bernardo v. Tan G.R. No. 185491 July 11, 2012, and People v. Sandiganbayan, G.R. No. 185503. May 03, 2021.

This guide explains when a complainant may withdraw a complaint, the legal effect of an affidavit of desistance, and who ultimately decides whether a criminal case will continue.

Can a Complainant Withdraw a Criminal Case in the Philippines?

The general rule is no.

A criminal case is a public action brought in the name of the State to prosecute violations of criminal law. Unlike civil cases, criminal prosecutions are not solely controlled by private individuals.

Once an Information has been filed in court, jurisdiction over the criminal case belongs to the trial court. At that point, neither the complainant nor the prosecutor may unilaterally terminate the proceedings.

The Supreme Court’s landmark ruling in Crespo v. Mogul, G.R. No. L-53373,June 30, 1987 as reaffirmed in Hipos, Sr. v. Bay, G.R. Nos. 174813-15 March 17, 2009, Santos v. Orda, Jr.,G.R. No. 158236 September 1, 2004, Bernardo v. Tan G.R. No. 185491 July 11, 2012, and People v. Sandiganbayan, G.R. No. 185503. May 03, 2021., establishes that after the filing of the Information, the trial court becomes the proper authority to determine whether the criminal action should continue or be dismissed.

Accordingly, even if the complainant changes his or her mind, the State may still continue prosecuting the accused.

Why Criminal Cases Cannot Be Withdrawn Like Civil Cases

The distinction lies in the nature of criminal liability.

Civil cases primarily protect private rights and are generally controlled by the plaintiff.

Criminal cases, however, protect society as a whole. Crimes are considered offenses against the State, not merely against the individual victim.

For this reason, prosecutors represent the People of the Philippines, and criminal proceedings cannot ordinarily be terminated simply because the complainant no longer wishes to pursue the case.

This principle explains why settlement between the parties does not automatically extinguish criminal liability unless expressly provided by law.

What Does “Withdrawing a Criminal Case” Usually Mean?

In practice, when clients ask whether they can withdraw a criminal case, they usually refer to one of several different situations.

The Complainant No Longer Wishes to Cooperate

Sometimes the complainant simply decides not to participate further.

While this may weaken the prosecution’s evidence, it does not automatically dismiss the criminal case.

If sufficient independent evidence exists, the prosecution may continue despite the complainant’s refusal to testify.

The Complainant Executes an Affidavit of Desistance

The most common method of attempting to “withdraw” a criminal case is through an Affidavit of Desistance.

An Affidavit of Desistance is a sworn statement declaring that the complainant no longer wishes to pursue the criminal complaint.

However, Philippine jurisprudence consistently treats affidavits of desistance with caution.

In Tadena v. People (2019), the Supreme Court emphasized that an affidavit of desistance is generally not a sufficient ground for dismissal. Instead, it merely becomes another piece of evidence that the prosecutor or the court may consider.

Courts have repeatedly observed that affidavits of desistance may be motivated by compromise, intimidation, financial settlement, reconciliation, or other external factors. Consequently, they are not automatically given controlling weight.

The Prosecutor Moves to Withdraw the Information

The public prosecutor may determine that:

1. Probable cause no longer exists;
2. Newly discovered evidence weakens the case;
3. Reinvestigation justifies dismissal.

In such situations, the prosecutor may file a motion to withdraw the Information or dismiss the criminal case.

However, once the Information has already been filed in court, the prosecutor cannot simply terminate the prosecution.

The trial court must independently evaluate the motion.

Santos v. Orda, Jr.,G.R. No. 158236 September 1, 2004, Bernardo v. Tan G.R. No. 185491 July 11, 2012, and People v. Sandiganbayan, G.R. No. 185503. May 03, 2021.

Can a Complainant Withdraw a Criminal Case Before It Reaches Court?

Before an Information is filed, the criminal complaint remains under the control of the prosecution service.

At this preliminary investigation stage, a complainant may express unwillingness to continue or execute an affidavit of desistance.

Nevertheless, the investigating prosecutor must still determine whether probable cause exists based on all available evidence.

If probable cause is established, the prosecutor may still file the Information despite the complainant’s change of mind.

Can a Complainant Withdraw a Criminal Case After the Information Is Filed?

Once the Information is filed, the answer is generally no.

Under the Crespo doctrine, the criminal case is already under the jurisdiction of the trial court.

Any motion to dismiss or withdraw must be approved by the court after an independent determination.

The Supreme Court reiterated this doctrine in:

• Hipos, Sr. v. Bay, G.R. Nos. 174813-15 March 17, 2009, Santos v. Orda, Jr.,G.R. No. 158236 September 1, 2004, Bernardo v. Tan G.R. No. 185491 July 11, 2012, and People v. Sandiganbayan, G.R. No. 185503. May 03, 2021.,

The court is not required to approve the prosecutor’s recommendation automatically.

Can a Criminal Case Be Withdrawn After Arraignment?

The same principles continue to apply after arraignment.

Neither the complainant nor the prosecutor possesses unilateral authority to terminate the criminal proceedings.

The trial court must determine whether dismissal is legally justified.

The Supreme Court clarified in Santos v. Orda, Jr. (2004) that the Crespo doctrine applies both before and after arraignment.

Does an Affidavit of Desistance Automatically Dismiss a Criminal Case?

No.

An affidavit of desistance is not equivalent to withdrawing a criminal case.

Instead, it merely becomes additional evidence for consideration.

In Tadena v. People,G.R. No. 228610. March 20, 2019 the Supreme Court held that affidavits of desistance are generally viewed with caution because they are susceptible to pressure, compromise, or improper influence.

Accordingly, dismissal based solely on an affidavit of desistance is generally disfavored.

Special Rule for OSAEC and CSAEM Cases

Congress has expressly prohibited dismissal of certain criminal cases despite desistance.

Section 25 of Republic Act No. 11930, the Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child Sexual Abuse or Exploitation Materials (CSAEM) Act, provides that criminal cases covered by the law shall not be dismissed solely because the victim, parents, or guardians execute an affidavit of desistance.

The law likewise directs prosecutors to oppose such dismissal.

Republic Act No. 11930 (2022), Section 25.

Who Has the Authority to Dismiss a Criminal Case?

Public Prosecutor

The prosecutor exercises direction and control over criminal prosecution.

Where appropriate, the prosecutor may recommend dismissal or withdrawal of the Information.

However, prosecutorial discretion is not absolute once the case reaches court.

Trial Court

The trial court possesses the final authority to determine whether dismissal is legally warranted.

Under the Crespo doctrine, courts must independently evaluate motions seeking withdrawal or dismissal.

See:

• Hipos, Sr. v. Bay, G.R. Nos. 174813-15 March 17, 2009, Santos v. Orda, Jr.,G.R. No. 158236 September 1, 2004, Bernardo v. Tan G.R. No. 185491 July 11, 2012, and People v. Sandiganbayan, G.R. No. 185503. May 03, 2021.,

Private Complainant

The complainant has limited control over criminal proceedings.

Although the complainant may cooperate with prosecutors, execute an affidavit of desistance, or participate as a private offended party, the complainant generally cannot demand dismissal as a matter of right.

Likewise, the complainant ordinarily lacks standing to appeal the dismissal of the criminal aspect of the case.

See Peñalosa v. Ocampo, Jr., G.R. No. 230299. April 26, 2023

Practical Consequences if a Complainant Wants to Stop the Case

If a complainant no longer wishes to continue, several legal consequences may follow:

1. Execution of an affidavit of desistance;
2. Reassessment of the evidence by the prosecutor;
3. Motion to withdraw or dismiss by the prosecution, when justified;
4. Independent evaluation by the trial court;
5. Possible continuation of the criminal prosecution if sufficient evidence remains.

Thus, desistance does not necessarily end the criminal case.

Conclusion

The answer to the question “Can a complainant withdraw a criminal case in the Philippines?” is generally no.

Because criminal prosecutions are brought in the name of the People of the Philippines, the complainant cannot unilaterally terminate the proceedings.

Although an affidavit of desistance may be considered by the prosecutor or the court, it does not automatically result in dismissal. Once an Information has been filed, the trial court has the final authority to determine whether the criminal case should proceed.

For complainants and respondents alike, understanding the distinction between private settlement and public prosecution is essential in evaluating legal options.

Need Legal Assistance?

Romualdez Law Offices represents both complainants and respondents in all stages of criminal proceedings, including:

1. Preliminary investigations;
2. Inquest proceedings;
3. Criminal complaints;
4. Affidavits of desistance;
5. Motions to withdraw Information;
6. Criminal trial and appellate litigation.

If you are considering executing an affidavit of desistance or wish to understand whether a criminal case may still proceed, consult an experienced criminal lawyer before taking any legal action.

Frequently Asked Questions (FAQs)

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This article was prepared by Romualdez Law Offices, a Philippine law firm providing legal services in criminal law, family law, corporate law, civil, property, and dispute resolution.