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Complaint Defined


Section 2. The complaint or information

FORM:
1. In writing;
2. In the name of the People of the Philippines; and
3. Against all persons who appear to be responsible for the
   offense involved.


Section 3. Complaint defined

COMPLAINT
   - It is 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.

The complaint as defined under Section 3 is different from the
complaint filed with the Prosecutor’s Office. It refers to the
one filed in court for the commencement of a criminal prosecution
for violation of a crime usually cognizable by municipal trial
courts as well as to a complaint filed by an offended party in
private crimes or those which cannot be prosecuted de officio.

REQUISITES OF A COMPLAINT:
1. It must be in writing and under oath;
2. It must be in the name of the People of the Philippines;
3. It must charge a person with an offense; and
4. It must be subscribed by the offended party, by any peace
   officer or public officer charged with the enforcement of
   the law violated.

The COMPLAINT FILED WITH THE PROSECUTOR’S OFFICE, from which
the latter may initiate a preliminary investigation, refers to:
1. any written complaint
2. filed by an offended party or not
3. not necessarily under oath, except in 2 instances:
      - complaint for commission of an offense which cannot
        be prosecuted de officio or is private in nature
      - where the law requires that it is to be started by a
        complaint sworn to by the offended party, or when it
        pertains to those which need to be enforced by specified
        public officers.

Under the Rule on Summary Procedure:
   - A complaint may be directly filed in the MTC, provided that
     in Metro Manila and in chartered cities, the criminal
     action may only be commenced by the filing of information,
     which means, only by the prosecutor, except when the offense
     cannot be prosecuted de officio as in private crimes.

PERSONS WHO CAN FILE A COMPLAINT:
1. Offended party;
2. Any peace officer;
3. Other public officer charged with enforcement of the law violated.










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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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