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Explain the procedure in filling a criminal action in the

philipines

File Criminal Case – Philippines

If you’re a victim of a crime, you can find solace in knowing that you can seek and receive
justice under Philippine law.

The road to justice is not always easy, however. Any person accused of a crime has the
fundamental right to be presumed innocent until proven guilty beyond reasonable doubt. It thus
falls on you as the accuser to take the necessary steps that will help establish the offender’s guilt.

 To help you avoid mistakes that could be detrimental to your quest for justice, here’s a step-by-
step guide to filing a criminal case in the Philippines.

 Report the Crime

The first step in taking legal action is to report the crime to the proper authorities, typically to
officials of the barangay where the incident happened, or to the police. The barangay officials or
the police will generate a “blotter” which will serve as an important piece of evidence in your
case.

 Document Injuries and Damages

 If harm was done to your person, it’s important to immediately seek treatment, perhaps even
before you report the crime to the authorities.

 No matter how difficult, try to document your injuries. Photographs, along with the doctor’s
report, will greatly help prove your case later on. Don’t delay seeking medical attention as any
time lapse could negatively affect your case’s credibility.

 If you are not the victim but you are acting on the victim’s behalf, make sure the documentation
of the injury is as detailed as possible.

 If harm was done to your property, photographs of the damage and of the scene are essential.

 In all cases, try to find as many witnesses as possible and get their contact information for future
use.
 Seek a Lawyer’s Help

In seeking justice, you will need the services of qualified attorney, and the earlier you can call on
one, the better. Your lawyer will guide and assist you in gathering and preserving evidence.

 File a Complaint

 A complaint needs to be filed with the Office of the City Prosecutor (OCP) or Office of the
Provincial Prosecutor (OPP), where the incident took place. Your lawyer will draft the
Complaint-Affidavit, which will include the details of the incident along with your evidences,
your personal information, and information on the offender.

 Cooperate with the Preliminary Investigation

The OCP or OPP will then conduct a preliminary investigation to determine if your complaint
has sufficient merit, that is, if there’s enough evidence to show that a crime has been committed
and that the respondent person is “probably guilty” of the crime.

In the course of the preliminary investigation, the respondent may issue a Counter-Affidavit to
disprove your accusations, to which you may respond with a Reply-Affidavit.

The OCP or OPP will then determine if there’s sufficient ground to pursue a case against the
respondent. If they believe there’s none, the case will be dismissed. If they do find sufficient
ground, they will file a resolution and information with the proper court.

Await Judge’s Resolution

The judge to whose court the case was brought will then investigate the merits of the case and
resolve to either dismiss the case or bring it to trial. If the judge decides for a trial, he/she will
issue a warrant of arrest for the respondent (this time he/she will be called an accused).

The judge may allow bail, depending on the nature and gravity of the case, which would grant
the accused temporary freedom while the trial is in progress.
Go Through the Trial

Criminal acts are considered offenses against the state, and therefore, criminal cases are handled
by state prosecutors or fiscals. However, private lawyers, particularly those you choose, may
assist state prosecutors who are often too burdened with numerous cases to give adequate
attention to each one.

Throughout the proceedings, your lawyer will be around to guide you and provide you with the
information you need in making your decisions, while working within the system to help you
achieve a just resolution.