Filing of Criminal Complaint

Lesson 3.
8 – Filing of Criminal Complaint
FILING OF CRIMINAL COMPLAINT
CRIMINAL INVESTIGATION COURSE (CIC)

Lesson 3.8 – Filing of Criminal Complaint
LEARNING GOAL
This lesson aims to provide the participants
with an understanding about the basic principles
and procedures on Filing of Criminal Complaints.

LEARNING OBJECTIVES
At the end of the lesson, the
participants will be able to:
• Discuss and explain how to initiate the
criminal complaint.
• Discuss who will prosecute criminal action
and place where action shall be instituted.

LEARNING OBJECTIVES
• Explain preliminary investigation and its

purpose.
• Discuss the nature of inquest proceedings.

BACKGROUND/MOTIVATION
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.

BACKGROUND/MOTIVATION
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.
INITIATION OF CRIMINAL
COMPLAINT
Definition of Terms
1. Criminal Complaint - is a court document
filed that accuses or charges a suspect with
committing a crime. Criminal complaints are
usually filed by the prosecutor in cooperation
with the police.

COMPLAINT
A. Definition of Terms
1. Criminal Complaint - Sometimes the
victim of a crime will individually file a
criminal complaint against a suspect.

COMPLAINT
2. Complaint - 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.

COMPLAINT
3. Information - an accusation in writing,
charging a person with an offense,
subscribed by the prosecutor and filed
with the court.

COMPLAINT
4. Criminal Action - One by which the State

prosecutes a person for an act or omission
punishable by law.

COMPLAINT
5. Felonies - Acts or omissions punishable
by law.
6. Jurisdiction - The inherent power of a
court to hear, try, and decide a case.

COMPLAINT
7. Venue - refers to the place where the

action is to be instituted and tried.

COMPLAINT
B. Formal Requisites of Complaint/Information

The complaint or information shall be in writing,
in the name of the People of the
Philippines and against all persons
who appear to be responsible for the
offense involved.

COMPLAINT
C. Sufficiency of complaint or information

1. A complaint or information is sufficient if
it states the name of the accused; the
designation of the offense given by the
statute; the acts or omissions
complained of

COMPLAINT

as constituting the offenses; the name of
the offended party; the approximate date of
the commission of the offense; and the
place where the offense was
committed.

COMPLAINT

2. When an offense is committed by more
than one person, all of them shall
be included in the
complaint or information.

COMPLAINT
D. Institution of Criminal Actions

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.

COMPLAINT

For all other offenses, by filing the
complaint or information directly with the
Municipal Trial Courts and Municipal Circuits Trial
Courts, or the complaint with the office of
the prosecutor.

COMPLAINT

In Manila and other chartered cities, the
complaint shall be filed with the office
of the prosecutor unless otherwise provided in
special laws.

COMPLAINT
E. Effect of Institution of Criminal Action

The institution of the criminal action shall
interrupt the period of prescription of the offense
charged unless otherwise provided in special
laws.

COMPLAINT
F. Place where the action is to be instituted

1. Subject to existing laws, the criminal action
shall be instituted and tried in the court of the
municipality or territory where the offense
was committed or where any of its essential
ingredients occurred;

COMPLAINT
2. 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.

COMPLAINT

2. or territory where said train, aircraft, or other
vehicle passed during its trip, including the
place of departure and arrival;

COMPLAINT
3. 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 in any

COMPLAINT
3. territory where the vessel passed during
such voyage, subject to the generally
accepted principles of international law.

COMPLAINT
4. 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 file.

CONSULTATION WITH THE

PROSECUTION
A. General Rule on Prosecution of Criminal

Actions
All criminal actions commenced by a
complaint or information shall be prosecuted
under the direction and control of the
prosecutor.


PROSECUTION
B. Exceptions
In the event of lack of public prosecutors, the
private prosecutor may be authorized in writing by
the Chief of the Prosecution Office or the
Regional State Prosecution to prosecute the case
subject to the approval of the Court.


PROSECUTION
Once so authorized to prosecute the criminal

action, the private prosecutor shall continue to
prosecute the case up to the end of the trial even
in the absence of a public prosecutor, unless the
authority is revoked or otherwise withdrawn.


PROSECUTION
C. Specific rules, guidelines and circulars

The crimes of adultery and concubinage shall
not be prosecuted except upon a complaint filed by
the offended spouse. The offended party cannot
institute criminal prosecution without including the


PROSECUTION
guilty parties, if both are alive, nor, in any case, if

the offended party has consented to the offense or
pardoned the offenders.

PRELIMINARY INVESTIGATION
Preliminary Investigation – 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.

Preliminary Investigation, when mandatory –

required to be conducted before the filing of a
complaint or information for an offense where the
penalty prescribed by law is at least four (4) years,
two (2) months and one (1) day without regard to
the fine.

Cases where Preliminary Investigation is not

required – where the penalty imposable by law for
the crime or offense committed is less than four (4)
years, two (2) months and one (1) day, preliminary
investigation is not mandatory.

Officers authorized to conduct Preliminary

Investigation
1. Provincial or City Prosecutors and their
assistants.
2. National and Regional State Prosecutors
3. Other officers as may be authorized by law.

PROCEDURES IN THE CONDUCT OF

1. The complaint shall state the address of the

respondent and shall be accompanied by the
affidavits of the complainant and his witnesses,
as well as other supporting documents to
establish probable cause.


2. Within ten (10) days after the filing of

the complaint, the investigating officer shall
either dismiss it if he finds no
ground to continue with the investigation, or
issue a subpoena to the respondent attaching


2. to it a copy of the complaint and its supporting

affidavits and documents.


3. Within ten (10) days from receipt of the

subpoena with the complaint and supporting
affidavits and documents, the respondent shall
submit his counter-affidavit and that of his
witnesses and other supporting documents
relied upon for his defense.

4. If the respondent cannot be subpoenaed, or

if subpoenaed, does not submit counter-
affidavits within the ten (10) day period, the
investigation officer shall resolve the complaint
based on the evidence presented by the
complainant.

5. The investigation officer may set a hearing if

there are facts and issues to be clarified from a
party or a witness. The parties can be present
at the hearing but without the right to examine
or cross-examine.


6. Within ten (10) days after the investigation, the

investigating officer shall determine whether or
not there is sufficient ground to hold the
respondent for trial.

INQUEST PROCEEDING
An inquest is "a summary inquiry conducted by

a prosecutor for the purpose of determining
whether the warrantless arrest of a person was
based on probable cause."

INQUEST PROCEEDING
An informal and summary investigation

conducted by a public prosecutor in criminal
cases involving persons arrested and detained
without the benefit of a warrant of
arrest issued by the court for the purpose of
determining whether or not said person should

INQUEST PROCEEDING
remain under the custody and correspondingly be

charged in court.

INQUEST PROCEEDING
A. Concept
1. Nature of Proceedings
a. When accused lawfully arrested without
warrant for an offense cognizable by
RTC, the complaint or information shall
be filed by the offended party, peace

INQUEST PROCEEDING
A. Concept
a. officer or fiscal without preliminary
investigation having been first conducted
on the basis of the affidavit of the
offended party or arresting officer.

INQUEST PROCEEDING
A. Concept
a. (provided that Inquest proceeding has
been conducted)

INQUEST PROCEEDING
A. Concept
a. (provided that Inquest proceeding has
been conducted).
b. However before filing of such complaint
or information the person arrested may

INQUEST PROCEEDING
A. Concept
b. ask for preliminary investigation by a
proper officer, but he must sign a
waiver under Article 125 of the RPC.

INQUEST PROCEEDING
A. Concept
2. Purpose of Proceedings
In these cases is that while the state
acknowledges the law enforcers’ authority
to arrest and detain persons without a
warrant, the state must also ensure that

INQUEST PROCEEDING
A. Concept
these persons are not unlawfully detained,
and that they are not denied due process.
The inquest establishes whether the
evidence is sufficient enough to seek court

INQUEST PROCEEDING
A. Concept
approval to keep the person in detention.

INQUEST PROCEEDING
A. Concept
3. Subject of Proceedings
Under the Rules of Court, Rule 113, Section
5, a warrantless arrest is lawful under three
circumstances:

INQUEST PROCEEDING
A. Concept
a. When, in the presence of the policeman,
the person to be arrested has committed,
is actually committing, or is attempting to
commit an offense;

INQUEST PROCEEDING
A. Concept
b. When an offense has just been
committed, and he has probable cause
to believe, based on personal knowledge
of facts or circumstances, that the
person to be arrested has committed it;
INQUEST PROCEEDING
A. Concept
c. When the person to be arrested is a
prisoner who has escaped from a penal
establishment.

INQUEST PROCEEDING
B. Preliminary Rights
1. Preliminary Disposition of Case release
of detained person
a. The inquest proceedings starts when the
inquest officer receives from the
arresting officers the following:

INQUEST PROCEEDING
of detained person
a. affidavit of arrest, the investigation
report, the affidavits of the complainant
and his witnesses, and other evidence

INQUEST PROCEEDING
of detained person
a. gathered at the course of investigation.
As a general rule, the arrested person
must be made physically present.

INQUEST PROCEEDING
of detained person
b. The inquest officer may order the
release of the detained person when the
documents are incomplete

INQUEST PROCEEDING
of detained person
b. (and the lacking documents are not
submitted on time), or recommend his
release when there is no valid

INQUEST PROCEEDING
of detained person
b. warrantless arrest or when there is no
probable cause.

INQUEST PROCEEDING
2. Direct Filing of Case with Prosecutor's
Office
a. When a person is first arrested on
criminal charges, his or her case is
usually assigned to the District Court.

INQUEST PROCEEDING
2. Direct Filing of Case with Prosecutor's
Office
a. The District Courts have the authority
(jurisdiction) to decide misdemeanor
cases and to conduct preliminary
hearings on felony cases.
SUMMARY
The participants learned to discuss and explain

how to initiate the criminal complaint, explained
who will prosecute criminal action and place
where action shall be instituted. Also to
explain preliminary investigation and its
purpose and discussed the nature of inquest
proceedings.
END OF PRESENTATION

Filing of Criminal Complaint

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Filing of Criminal Complaint

Uploaded by

Copyright:

Available Formats

Lesson 3.

8 – Filing of Criminal Complaint

FILING OF CRIMINAL COMPLAINT

CRIMINAL INVESTIGATION COURSE (CIC)

CRIMINAL INVESTIGATION COURSE (CIC)

CRIMINAL INVESTIGATION COURSE (CIC)

• Explain preliminary investigation and its

CRIMINAL INVESTIGATION COURSE (CIC)

If you’re a victim of a crime,

The road to justice is not always

CRIMINAL INVESTIGATION COURSE (CIC)

Any person accused of a crime has

CRIMINAL INVESTIGATION COURSE (CIC)

CRIMINAL INVESTIGATION COURSE (CIC)

CRIMINAL INVESTIGATION COURSE (CIC)

CRIMINAL INVESTIGATION COURSE (CIC)

4. Criminal Action - One by which the State

CRIMINAL INVESTIGATION COURSE (CIC)

CRIMINAL INVESTIGATION COURSE (CIC)

7. Venue - refers to the place where the

CRIMINAL INVESTIGATION COURSE (CIC)

B. Formal Requisites of Complaint/Information

CRIMINAL INVESTIGATION COURSE (CIC)

C. Sufficiency of complaint or information

CRIMINAL INVESTIGATION COURSE (CIC)

C. Sufficiency of complaint or information

CRIMINAL INVESTIGATION COURSE (CIC)

C. Sufficiency of complaint or information

CRIMINAL INVESTIGATION COURSE (CIC)

D. Institution of Criminal Actions

CRIMINAL INVESTIGATION COURSE (CIC)

D. Institution of Criminal Actions

CRIMINAL INVESTIGATION COURSE (CIC)

D. Institution of Criminal Actions

CRIMINAL INVESTIGATION COURSE (CIC)

E. Effect of Institution of Criminal Action

CRIMINAL INVESTIGATION COURSE (CIC)

F. Place where the action is to be instituted

CRIMINAL INVESTIGATION COURSE (CIC)

CRIMINAL INVESTIGATION COURSE (CIC)

F. Place where the action is to be instituted

CRIMINAL INVESTIGATION COURSE (CIC)

CRIMINAL INVESTIGATION COURSE (CIC)

CRIMINAL INVESTIGATION COURSE (CIC)

CRIMINAL INVESTIGATION COURSE (CIC)

CONSULTATION WITH THE

A. General Rule on Prosecution of Criminal

CRIMINAL INVESTIGATION COURSE (CIC)

CONSULTATION WITH THE

CRIMINAL INVESTIGATION COURSE (CIC)

CONSULTATION WITH THE

Once so authorized to prosecute the criminal

CRIMINAL INVESTIGATION COURSE (CIC)

CONSULTATION WITH THE

C. Specific rules, guidelines and circulars

CRIMINAL INVESTIGATION COURSE (CIC)

CONSULTATION WITH THE

guilty parties, if both are alive, nor, in any case, if

CRIMINAL INVESTIGATION COURSE (CIC)

Preliminary Investigation – an inquiry or

CRIMINAL INVESTIGATION COURSE (CIC)

Preliminary Investigation, when mandatory –

CRIMINAL INVESTIGATION COURSE (CIC)

Cases where Preliminary Investigation is not