Complaint Defined
Complaint Defined
Section 3. Complaint defined. — A complaint 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.
COMPLAINT
Section 3. Complaint defined. — A complaint 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.
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:
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:
(1) complaint for commission of an offense which cannot be prosecuted de officio or is private in nature.
(2) 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.
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.
Bigwas
Bigwas blog about Criminal law and Procedure, Criminology and Crimes, Philippine Banking and Finance, Insurance and Investment.