SC: Affidavit of desistance cannot be used to dismiss trafficking case

MANILA, Philippines — The Supreme Court (SC) has ruled that an affidavit of desistance, or a sworn statement withdrawing a complaint, from a victim of exploitation is considered “highly suspect” and cannot be used as a basis to dismiss a trafficking case.

In a decision promulgated on February 19, 2026, and made public on Tuesday, the high court’s Third Division affirmed the conviction of a woman involved in a qualified trafficking in persons involving a minor.

According to the SC, the woman recruited the minor, who was her neighbor, to provide sexual services to a man in exchange for money.

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The minor received P15,000 from the man, but the recruiter later took the money, giving the victim only P3,000 and buying her a cellphone.

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When the minor’s mother discovered the exploitation, she filed a complaint against the woman.

The victim testified before the court but later signed an affidavit of desistance to withdraw the charges.

Meanwhile, the minor admitted during the cross-examination that she only signed the affidavit of desistance prepared by the woman’s counsel because she was paid P30,000.

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The Regional Trial Court convicted the woman of qualified trafficking in persons under the Anti-Trafficking in Persons Act of 2003, as amended by the Expanded Anti-Trafficking in Persons Act of 2012.

The Court of Appeals affirmed the decision, and the SC sustained the recruiter’s conviction.

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The woman was sentenced to life imprisonment, fined P2 million, and ordered to pay the victim P600,000 in damages.

According to the SC, human trafficking cases must not be dismissed based on the affidavits of desistance executed by the victims, their parents, or legal guardians.

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It pointed out that once a criminal case has been filed in court, the complainant can no longer decide if it will proceed.

The High Court emphasized 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.” /cb

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“This is especially true when the victims are children, who may not fully understand the consequences of withdrawing their testimony,” said the SC.