Affidavit of desistance looked upon with DISFAVOR by courts

Nor is the Affidavit of Desistance executed by Leonardo Tacadao, Sr. a basis for dismissing these cases. Like Tessie Asenita, whose Affidavit withdrawing her previous testimonies was presented, Leonardo Tacadao, Sr. was not presented in court. His affidavit merely stated that in the interest of neighborliness and for lack of interest, Leonardo Tacadao, Sr. was desisting from prosecuting the cases against accused-appellant. It is the general rule rather than the exception regarding affidavits of desistance being looked with disfavor which applies in this case. As pointed out in People v. Lim, which is also cited by accused-appellant, an affidavit of desistance is merely an additional ground to buttress the accused's defenses, not the sole consideration that can result in acquittal. There must be other circumstances which, when coupled with the retraction or desistance, create doubts as to the truth of the testimony given by the witnesses at the trial and accepted by the judge. Here, there are no such circumstances. For as already noted, the affidavit of desistance of the complainant, like the alleged affidavit of retraction by Tessie Asenita, is not a repudiation of the material points alleged in the information and proven at the trial, but a mere expression of the lack of interest of private complainant to pursue the case. Moreover, the trial already had the opportunity of taking a hard look at the records of the case, as accused-appellant urges, when it resolved the motion for reconsideration filed by the appellant prior to the elevation of the case on appeal before this Court, but the trial court found no basis for altering its decision. [G.R. No. 108871. November 19, 1996] [G.R. No. 108871. November 19, 1996]