ALONTE vs. SAVELLANO JR.

, Also, such affidavit, even when construed as a pardon, is

An information for rape was filed by Juvie-lyn
Punongbayan against petitioners Alonte, incumbent Mayor
of Biñan, Laguna, and Concepcion.
Juvie-lyn, thru her counsel and Assistant Chief State
Prosecutor filed with Office of the Court Administrator a
Petition for a Change of Venue.
During the pendency of said petition, Juvie-lyn executed
an affidavit of desistance. Atty. Casino, on behalf of
petitioners, moved to have the petition for change of
venue dismissed on the ground that it had become moot.
not a ground for the dismissal of the criminal case once
the action has been instituted. The affidavit,
nevertheless, may possibly constitute evidence whose
weight or probative value would be up to the court for
proper evaluation.
The pardon, to justify the dismissal of the complaint,
should have been made prior to the institution of the
criminal action.
the pardon afforded the offenders must come before the
institution of the criminal prosecution.

SC issued a Resolution, granting the petition for change

of venue.

the case, now re-docketed, was assigned with respondent

Judge Savellano, Jr.,

Juvie-lyn submitted to the Manila court a "compliance"

where she reiterated "her decision to abide by her
Affidavit of Desistance."

Judge Savellano found probable cause for the issuance

of warrants for the arrest of petitioners. Alonte voluntarily
surrendered himself, while Concepcion, posted bail.

Trial ensued and Juvielyn affirmed the voluntariness of

her affidavit of desistance, reiterating she had no interest
in further prosecuting the action because of harassment
she was experiencing from the media; no pressures nor
influence were exerted upon her to sign the affidavit of
desistance; and neither she nor her parents received a
single centavo from anybody to secure the affidavit.

respondent judge rendered a decision, finding the 2

accused guilty of RAPE.

ISSUE: W/N the affidavit of desistance is a valid

ground for the dismissal of the case?

RULING: NO. first, existence of the waiver must be

positively demonstrated. It must not only be voluntary,
but must be knowingly, intelligently made, and done
with sufficient awareness of the relevant circumstances
and likely consequences.

affidavit of desistance of Juvie-Lyn does not contain any

statement that disavows the veracity of her complaint
against petitioners but merely seeks to "be allowed to
withdraw" her complaint and to discontinue with the
case for varied other reasons.