Court Testimony

CHAPTER 1

Filing or Initiation of Complaint

Court Testimony

AT THE END OF THIS CHAPTER

THE STUDENT SHOULD BE ABLE
TO:

•  Define Complaint
•  Enumerate Persons
Authorized to file a complaint
•  Understand the Institution
of Criminal Action
Court Testimony

PERSONS
COMPLAINT
AUTHORIZED TO
Defined as a sworn written FILE COMPLAINT
statement charging a person
with an offense,
subscribed by the offended
party, any peace officer, or a) Offended party
other public officer b) Any peace officer; and
charged with the c) Other public officer charged
enforcement of the law with the enforcement of the law
violated. [Section 3, Rule violated
110, Rule of
Criminal Procedure]
Court Testimony

Peace Officers
This may refer to any of the following:
1) Police officers;
2) Agents of the National Bureau of
Investigation; and
3) Other law enforcement officers.

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

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.
 Court Testimony

PUBLIC OFFICERS CHARGED WITH THE

ENFORCEMENT OF THE LAW VIOLATED:

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.
 Court Testimony

PUBLIC OFFICERS CHARGED WITH THE

ENFORCEMENT OF THE LAW VIOLATED:
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.

Portfolio 03
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.
Court Testimony
PUBLIC OFFICERS CHARGED WITH THE
ENFORCEMENT OF THE LAW VIOLATED:
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 the afore-
quoted provision refer to officers who are
authorized to conduct the 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.
 Court Testimony

PUBLIC OFFICERS CHARGED WITH THE

ENFORCEMENT OF THE LAW VIOLATED:

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.
14.GENERAL RULE: A criminal
13.VENUE - this refers to the geographical
case should be instituted and tried in
division on which an action is brought to trial for
the place where the offense was
criminal action or proceeding. Venue is the
committed.
territorial unit where the power of the court is to be
exercised.
Court Testimony
PUBLIC OFFICERS CHARGED WITH THE
ENFORCEMENT OF THE LAW VIOLATED:
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.
 Court Testimony

PUBLIC OFFICERS CHARGED WITH THE

ENFORCEMENT OF THE LAW VIOLATED:

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 e) In cases of piracy-The crime of
Philippine Islands; piracy is committed not against any
3) Should be liable for acts connected with the introduction into these particular state but against mankind.
islands of the obligations and securities mentioned in the preceding number; Hence, the same may be punished in
4) While being public officers or employees, should commit an offense in any competent tribunal or court of any
the exercise of their functions; or country where the offender may be
5) Should commit any of the crimes against national security and the law of found.
nations, defined in Title One of Book Two of this Code.
Court Testimony

PUBLIC OFFICERS CHARGED WITH THE

ENFORCEMENT OF THE LAW
VIOLATED:

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. Portfolio 03
 CHAPTER 1

THE END

THANK YOU
 LEADER
MEMBERS:

1. ABORDO, LYNDON JAMES EñAGA

2. ARAGON, JULES KARIM ALBAÑO
3. BAGASON, DEXTER READORES
4. DIVINO, ALVIN ORGANIZA
SURALBO, HERNAN B. 5. GRACIA, JAY MARK PANDILINGAN
6. MONTE, JOHN ZEDRICH MOLINA
7. LAROSA, JUAN MIGUEL DORADO
8. PALOYO, REYMART SUMALPONG
9. RADO, JOHN MANUEL BUSA
10.RECLAMADO, CAMILLE GARCIA
CHAPTER 1 11.SAGAPAN, JOEY MAYUMES