MODULE: Criminal Procedure and Court Testimony

Chapter 1
Filing or Initiation of Complaint

At the end of this chapter the student should be able to:

▪ Define Complaint
▪ Enumerate Persons Authorized to file complaint
▪ Understand the Institution of Criminal Action

Complaint

Defined as a sworn written statement charging a person with an offense,

subscribed by the offended party, any peace officer, or other public officer
charged with the enforcement of the law violated. [Section 3, Rule 110, Rule of
Criminal Procedure]

Persons Authorized to File Complaint

a) Offended party
b) Any peace officer; and
c) Other public officer charged with the enforcement of the law violated

Offended Party

This refers to the person/s against whose property the offense or crime
was committed.

Peace Officers

This may refer to any of the following:

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1) Police officers;
2) Agents of the National Bureau of Investigation; and
3) Other law enforcement officers.

Public Officers Charged with the Enforcement of the Law Violated:

1. This refers to government officers charged with the enforcement of the

specific law violated, e.g. (a) Internal Revenue Agents, in cases of
violation of the National Internal Revenue Code; (b) Customs Agents in
cases of violation of the tariff and Customs Code.
2. The filing of criminal action is commenced by either the filing of complaint
or information before the (a) police, (b) the Office of the Prosecutor or (c)
to the Court.
3. If the offender is lawfully arrested without a warrant, the complaint would
be prepared by the police officer, other law enforcement officer or any
officer charged with the enforcement of the law violated and the case
would be submitted for inquest proceedings.
4. Generally, the complaint is prepared by requiring the offended party to
make a sworn written statement regarding the incident being complained
about together with the affidavits/statements of his witnesses, if any.
5. The sworn written statement of the offended party and his witnesses, if
any, together with the affidavit of the arresting officer would be the basis
for the filing of the case for inquest proceedings before the Office of the
Prosecutor.
6. If the offender is not arrested, the case can be initiated by filing a sworn
complaint affidavit before the Office of the Prosecutor or to the Court for
the conduct of the preliminary investigation, if required.
7. Under the Rules of Criminal Procedure, specifically Section 1, Rule 110
provides as follow:

"Institution of criminal actions. - Criminal actions shall be instituted

as follows:

a) For offenses where a preliminary investigation is required pursuant to

section 1 of Rule 112, by filing the complaint with the proper officer for
the purpose of conducting the requisite preliminary investigation.

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b) For all other offenses, by filing the complaint or information directly with
the Municipal Trial Courts and Municipal Circuit Trial Courts, or the
complaint with the office of the prosecutor. In Manila and other chartered
cities, the complaints shall be filed with the office of the prosecutor unless
otherwise provided in their charters.

The institution of the criminal action shall interrupt the running of

the period of prescription of the offense charged unless otherwise
provided in special laws.

8. Except where the accused is under detention by virtue of warrantless

arrest under Sec. 5, of Rule 113, a preliminary investigation is required to
be held and conducted before the filing of the complaint or information for
an offense where the imposable penalty as prescribed by law is at least
four years two months and one day (4 years, 2 months and 1 day), without
regard to the imposable fine.
9. Where the imposable penalty as prescribed by law is less than four years
and two months and one day (4 years, 2 months and 1 day), the action
may be filed or instituted through a complaint or information with the
Municipal Trial Court and Municipal Circuit Trial Courts, or with the office
of the prosecutor, unless the charters provide otherwise.
10.Proper officers referred to in afore-quoted provision refers to officers
who are authorized to conduct preliminary investigation under Sec. 2, Rule
112, namely:
a) Provincial or City Prosecutors and their assistants;
b) Judges of the Municipal Trial Courts and Municipal Circuit Trial
Courts;
c) National and Regional State Prosecutors; and
d) Other officers as may be authorized by law.
11.The filing of criminal action, either by complaint or information for
preliminary investigation interrupts the running of the period of
prescription of the offense charged unless otherwise provided in special
laws.
12.For purposes of determining the place or venue where the case would be
filed, it must be determined who has jurisdiction over the place/territory
where the crime was committed.
13.VENUE - this refers to the geographical division on which an action is
brought to trial for criminal action or proceeding. Venue is the territorial
unit where the power of the court is to be exercised.

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14.GENERAL RULE: A criminal case should be instituted and tried in the

place where the offense was committed.

15.EXCEPTION:
a) The Supreme Court may order a change of venue or place of trial to
avoid a miscarriage of justice;
b) When the law provides otherwise; (Libel, Violation of election law,
etc.)
c) Cases under the Rules of Court, Rule 110, Section (b), (c) and (d);

(b) Where an offense is committed in a train, aircraft, or other

public or private vehicle in the course of its trip, the criminal
action shall be instituted and tried in the court of any
municipality or territory where such train, aircraft, or other
vehicle passed during its trip, including the place of its
departure and arrival.

(c) Where an offense is committed on board a vessel in the

course of its voyage; the criminal action shall be instituted
and tried in the court of the first port of entry or of any
municipality or territory where the vessel passed during such
voyage, subject to the generally accepted principles of
international law.

(d) Crimes committed outside the Philippines but punishable

under Article 2 of the Revised Penal Code shall be cognizable
by the court where the criminal action is first filed.
d) Those enumerated under Article 2 of the Revised Penal Code;

1) Should commit an offense while on a Philippine ship or

airship;

2) Should forge or counterfeit any coin or currency note of the

Philippine Islands or obligations and securities issued by the
Government of the Philippine Islands;

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3) Should be liable for acts connected with the introduction into

these islands of the obligations and securities mentioned in
the preceding number;

4) While being public officers or employees, should commit an

offense in the exercise of their functions; or

5) Should commit any of the crimes against national security and

the law of nations, defined in Title One of Book Two of this
Code.

e) In cases of piracy-The crime of piracy is committed not against any

particular state but against mankind. Hence, the same may be
punished in any competent tribunal or court of any country where
the offender may be found.

16. The territorial jurisdiction where the case is to be filed and instituted
is determined by the allegations in the complaint/information as to the
place of the commission of the crime and this is determinative which place
will the complaint/information shall be filed and prosecuted.

References:

Atty. Ronaldo Jimenez Pineda

Practice Court - PCCR

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