Dear Atty. Kathy,

My niece, P, who is only 10 years old, tragically fell victim to prostitution, where the mastermind was their neighbor, N. P’s parents are determined in pursuing the criminal case for trafficking against N. However, M, P’s mother and my sister, confessed to me that during the hearing of the case, she was approached in secret by the N’s mother, who begged that P’s parents withdraw the case and in exchange, they will give P50,000. M is seriously considering settlement since N is already serving time in prison and they are in dire financial straits. In order to close the case, M was told that they only have to execute an “affidavit of desistance” since P has already testified. Can the trafficking case still be withdrawn at this point based on the affidavit of desistance, so that the case can be dismissed and closed?

Rory

Dear Rory,

Section 11 of Republic Act 10364 — Expanded Anti-Trafficking in Persons Act of 2012 provides that cases involving trafficking in persons should not be dismissed based on the affidavit of desistance executed by the victims or their parents or legal guardians. In this connection, public and private prosecutors are directed to oppose and manifest objections to motions for dismissal.

As ruled by the Supreme Court, the above provision is consistent with the principle that affidavits of desistance should not be given any material weight in trafficking cases as the victim or witness is generally in a situation of vulnerability or in a position of lesser power or autonomy; and that the execution of such affidavit of desistance could be the result of realities and considerations that make it highly unreliable.

Further, in the prosecution of the criminal offense, the complainant’s role is simply to testify for the prosecution, with their personal interest limited to the accused’s civil liability. It is the state, rather than the private complainant, that is affected by the dismissal of the criminal action. Thus, only the State can determine whether the case should continue.

Given the above, as clearly provided in the Expanded Anti-Trafficking in Persons Act of 2012, the case will not be dismissed based on an affidavit of desistance.

(People of the Philippines vs. Mary Joy Dela Torre, G.R. No. 268971, 19 February 2026)

Atty. Kathy Larios