01/09/2026
The (SC) has ruled that an affidavit of desistance, or a sworn statement withdrawing a complaint, is considered “highly suspect” when made by a victim of exploitation and cannot be used as a basis to dismiss a trafficking case.
In a Decision written by Associate Justice Samuel H. Gaerlan, the SC’s Third Division affirmed the conviction of a woman for qualified trafficking in persons involving a minor. The SC sentenced her to life imprisonment, imposed a fine of PHP 2,000,000, and ordered her to pay PHP 600,000 in damages.
The woman, who was the minor’s neighbor, recruited the minor to provide sexual services to a man in exchange for money. The minor received PHP 15,000 from the man for the sexual act, but the woman later took the money. The woman also bought the minor a cellphone and gave her PHP 3,000.
The minor’s mother discovered the incident and filed a complaint against the woman. The minor testified in court but later signed an affidavit of desistance to withdraw the charges.
During cross-examination, the minor admitted that she accepted PHP 30,000 to sign the affidavit prepared by the woman’s counsel. When the trial court questioned her further, the minor maintained that her earlier testimony was true.
Sustaining the woman’s conviction of qualified trafficking in persons under Republic Act No. (RA) 9208, or the 𝗔𝗻𝘁𝗶-𝗧𝗿𝗮𝗳𝗳𝗶𝗰𝗸𝗶𝗻𝗴 𝗶𝗻 𝗣𝗲𝗿𝘀𝗼𝗻𝘀 𝗔𝗰𝘁 𝗼𝗳 𝟮𝟬𝟬𝟯, as amended, SC held that human trafficking cases should not be dismissed based on the affidavits of desistance executed by the victims or their parents or legal guardians.
The SC explained that affidavits of desistance by victims of exploitation should be treated with caution, as they may have been made under coercion, pressure, or undue influence. This is especially true when the victims are children, who may not fully understand the consequences of withdrawing their testimony.
The SC further stressed that once a criminal case has been filed in court, the complainant can no longer decide whether the case should proceed.
The State has an interest in prosecuting the crime and is the party affected by the dismissal of the criminal action. Thus, an affidavit of desistance, especially one executed while trial is ongoing, does not, by itself, justify dismissal of the case.
Read the full text of the press release at https://sc.judiciary.gov.ph/?p=172431
Read the full text of the Decision at
https://sc.judiciary.gov.ph/?p=167240
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