On

 The Complaint or Information


Section 2. The Complaint or 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. 


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.



Bar Exam Question (1999)


Complaint vs. Information (1999)


Distinguish a Complaint from Information. 


Suggested Answer:


In criminal procedure, a complaint is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer or other peace officer charged with the enforcement of the law violated. (Sec. 3, Rule 110, 1985 Rules of Criminal Procedure); while an information is an accusation in writing charging a person with an offense subscribed by the prosecutor and filed with the court. (Sec. 4, Id.)