How to File a Criminal Case in the Philippines

If you are a victim of crime or felony in the Philippines, it is wise to report

the crime or felony with the barangay and police authorities. Thereafter, you
must secure a barangay blotter and police blotter or report so that you may
use them as evidences. If you sustained injuries, go to a government hospital
to have yourself checked out. The medical report of said hospital will be very
useful to prove your physical injuries. In addition, ask someone to take
photographs of your injuries as proof.

To enable you to properly lodge a criminal complaint, it is of foremost

concern that you secure the services of a good and efficient Philippine lawyer,
attorney or law firm. As you will need to file a Complaint-Affidavit with the
Office of the City Prosecutor where the crime was committed, it is necessary
to have your facts straight and evidences in check. A good criminal lawyer
will draft a Complaint-Affidavit which will prove all the elements of the crime
or felony.

After filing your Complaint-Affidavit, the Office of the City Prosecutor will
issue a subpoena against the accused, requiring him to appear on a certain
date and time to submit his Counter-Affidavit. Thereafter, you may file a
Reply-Affidavit to controvert the new issues he raised. In the same vein, the
accused may file a Rejoinder-Affidavit.

This process is known as preliminary investigation. Preliminary

investigation is an inquiry or proceeding to determine whether there is
sufficient ground to engender a well-founded belief that a crime has been
committed and the respondent is probably guilty thereof, and should be held
for trial. This is a crucial stage in criminal proceedings because the prosecutor
will have to determine whether there is sufficient ground to file an
information in court against the perpetrator. That is why you need to seek
expert legal advice and engage the services of Philippine criminal prosecution
lawyers or attorneys to ensure that your criminal complaint is strong and can
prove the elements of the crime.

If there are no sufficient grounds, then the prosecutor will dismiss the case.
As such, the criminal complaint will not be filed in court. Your criminal
lawyer may file a Motion for Reconsideration with the City Prosecutor. If the
Motion is denied, you may seek remedy from the Department of Justice.
 If the prosecutor finds probable cause, he will issue a resolution spelling
out the reasons for such finding. The prosecutor will correspondingly file an
information in court, with the recommended bail. If the judge in the pertinent
court finds sufficient grounds, he shall issue a warrant of arrest. Except for
certain crimes punishable by reclusion perpetua, when evidence of guilt is
strong, the accused may post bail.

Trial will thereafter ensue. It must be emphasized that criminal cases are
offenses committed against the state. Thus, the prosecutor or fiscal will be the
one prosecuting the criminal case. However, he may be assisted by private
prosecutors. In view of the known fact that prosecutors are laden with heavy
work load, it is best to secure your own private lawyer in the Philippines who
can give your concerns the appropriate attention and detail.

Nicolas & De Vega Law Offices is a full-service firm located at the 16th Flr.,
Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, Pasig
City, Metro Manila, Philippines. You may call any of our criminal lawyers
and attorneys at +632 4706130 or visit our website www.ndvlaw.com