Effect of Affdavit of Desistance in Criminal Cases

A criminal offense is an outrage to the sovereign State and to the State belongs the power to prosecute and punish crimes. By itself, an affidavit of desistance is not a ground for the dismissal of an action, once it has been instituted in court. A private complainant loses the right or absolute privilege to decide whether the charge should proceed, because the case was already filed and must therefore continue to be heard by the trial court. (People vs. Dimaano, G.R. No. 168168, 14 September 2005, 469 SCRA 647) ADVERTISEMENT: Work from home! Be an online English tutor. Earn at least PHP100/hour.