05/05/2026
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LEGAL EXPLAINER: How To File A Criminal Complaint
Filing a criminal complaint follows a fairly structured process. The exact path depends on the nature of the offense, but hereโs a general, step-by-step guide grounded in the Revised Rules of Criminal Procedure and other pertinent rules.
๐ 1. Prepare your Complaint-Affidavit and Affidavits of Your Witnesses
Your Complaint-Affidavit is the foundation of your case. It must be:
-In writing
-Sworn (notarized)
It should contain:
-Full names and addresses of the complainant and respondent
-A clear narration of facts (what happened, when, where, and how)
-The crime committed and its elements
Attach supporting evidence:
-Documents
-Photos/videos
-Medical records (if applicable)
Witnesses: If there are witnesses, each must execute a separate sworn affidavit.
โ ๏ธ Practical guidance:
-If you have a lawyer, it is best to have them prepare your affidavit.
-If you do not have one, go to the nearest police station. An investigator can assist you.
-For VAWC cases, you may seek free legal help from the Public Attorney's Office.
-For cybercrime complaints, you may go to the nearest RACU (Regional Anti-Cybercrime Unit) of the Philippine National Police, which specializes in handling online and digital offenses.
๐ 2. Where do you file?
Filing depends on where the crime was committed:
-City Prosecution Office (if the crime took place in a city)
-Provincial Prosecution Office (if the crime occurred in a municipality under a province)
๐ 3. File your complaint
Submit your Complaint-Affidavit, witness affidavits, and evidence to the proper office. Once filed:
-Your case will be docketed
-A prosecutor will be assigned
๐ 4. Preliminary Investigation (if required)
A preliminary investigation is required for offenses where the penalty is at least six (6) years and one (1) day. This is not yet a trial, it is a screening process.
Process:
-The prosecutor issues a subpoena
-The respondent submits a counter-affidavit
-You may file a reply-affidavit and the respondent may file a rejoinder
-Clarificatory questions may be asked
Standard applied: The prosecutor looks for a prima facie case with reasonable certainty of conviction.
๐ 5. Resolution of the Prosecutor
After evaluation, the prosecutor will:
-Dismiss the complaint, or
-File an Information in court if the required standard is met
๐ 6. Filing in Court
If the case proceeds: The prosecutor files the Information before the proper court
๐ 7. Judgeโs Determination
The judge will independently assess the case and may:
-Issue a warrant of arrest,
-Or dismiss the case outright if he does not find probable cause (this rarely happens)
-In case of doubt on the existence of probable cause, the judge may order the fiscal to present additional evidence
โ ๏ธ Important Reminders
-If both the complainant and respondent reside in the same city or municipality, criminal offenses which have an imposable penalty not exceeding 1 year or a fine not exceeding 5,000 pesos must first undergo barangay conciliation under the Local Government Code
-For private crimes (adultery, concubinage, seduction, acts of lasciviousness) there must be a complaint by the offended party
-Your affidavit must be based on personal knowledge, not hearsay
Filing a criminal complaint is not about proving guilt right away. It's about showing that your case deserves to be heard in court.
