Complaint or information

 A complaint or information is sufficient if it states the:

(1) Name and surname of the accused or any appellation by which he is known
(2) Designation of the offense given by the statute, aver the acts or omissions
constituting the offense, and specify its qualifying and aggravating circumstances.
o The acts complained of, as well as the aggravating and qualifying circumstances
must be stated in ordinary and concise language
(3) The place where the offense or some of its essential ingredients occurred within the
jurisdiction of the court
(4) It is not necessary to state in the complaint or information the precise date of the
offense, except when it is a material ingredient of the offense. The offense may be
alleged to have committed on a date as near as possible to the actual date of its
commission.
(5) The name or known appellation of the offended party must be stated
o If the offense is against property, if the name of the offended party is unknown,
the property must be described with such particularity as to properly identify the
offense charged.

Amendment or Substitution of Complaint or Information

 Before plea
o May be amended in form and substance without leave of court
o However, if it downgrades the offense charged
 It must be done with leave of court upon motion by the prosecutor
 With notice to the offensed party
 After plea
o Only formal amendment with leave of court and the amendment must not
prejudice the rights of the accused.
 If at anytime before judgment, it appears that a mistake has been made in charging the
proper offense, the case shall be dismissed without prejudice subject to the rule on
double jeopardy.

Prosecution of Civil Action