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Legal Forms - Complaint or Information
Legal Forms - Complaint or Information
DEFINITION
An information is an accusation in writing charging a person with an offense subscribed by the
prosecutor and filed with the court (Sec. 4, Rule 110, Rules of Court)
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 (Sec. 3, Rule 110, Rules of Court).
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. (Sec. 2, Rule 110, Rules of
Court)
COMPLAINT AND INFORMATION DISTINGUISHED
COMPLAINT INFORMATION
A complaint must be "sworn" hence, under An information requires no oath. Sec. 4 of Rule
oath. By the clear terms of Sec. 3 of Rule 110, 110 merely requires that it be an accusation "in
it is a "sworn written statement." writing." This is because the prosecutor filing
the information is acting under the oath of his
office (Estudillo v. Baloma, 426 SCRA 83).
A complaint or information is subscribed by (a) An information is subscribed by the prosecutor
the offended party, (b) any peace officer, (c) or (Sec. 4, Rule 110, Rules of Court).
other public officer charged with the
enforcement of the law violated (Sec. 3, Rule
110, Rules of Court).
WHERE TO FILE
The institution of a criminal action generally depends upon whether or not the offense is one which
requires a preliminary investigation (Sec. 1, Rule 110, Rules of Court).
i. Where a preliminary investigation is required, a criminal action is instituted by filing the complaint
with the proper officer for the purpose of conducting the requisite preliminary investigation (Sec.
1, Rule 110, Rules of Court). A preliminary investigation is to be conducted for offenses where the
penalty prescribed by law is at least four (4) years, two (2) months and one (1) day without regard
to the fine. (Sec. 1, Rule 112, Rules of Court)
ii. Where a preliminary investigation is not required, a criminal action is instituted in either of two
ways:
a) by filing the complaint or information directly with the Municipal Trial Court and Municipal
Circuit Trial Court; or
b) by filing the complaint with the office of the prosecutor (Sec. 1, Rule 110, Rules of Court).
In Manila and other chartered cities, a special rule prevails. In these places, the rule is that "the
complaint shall be filed with the office of the prosecutor unless otherwise provided in their charters"
(Sec. 1, Rule 110, Rules of Court).
JURISDICTION
Regional Trial Court has jurisdiction over an offense punishable with imprisonment of more than six
(6) years, a period way above the minimum penalty for an offense that requires a preliminary
investigation.
Municipal Trial Court has exclusive jurisdiction over offenses punishable with imprisonment not
exceeding six (6) years (Sec. 32[2], Judiciary Reorganization Act of 1980 [B.P. 129]).
VENUE
(a) Subject to existing laws, the criminal action shall be instituted and tried in the court of the municipality
or territory where the offense was committed or where any of its essential ingredients occurred.
(b) Where an offense is committed in a train, aircraft, or other public or private vehicle while 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 such 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. (Sec. 15, Rule 110, Rules of Court)
CONTENTS OF COMPLAINT OR INFORMATION
A complaint or an information is deemed sufficient if it contains the following:
1. The name of the accused; if the offense is committed by more than one person, all of them shall
be included in the complaint or information;
2. The designation of the offense given by statute;
3. The acts or omissions complained of as constituting the offense;
4. The name of the offended party;
5. The approximate date of the commission of the offense; and
6. The place where the offense was committed (Sec. 6, Rule 110, Rules of Court).
7. Signature of Prosecutor (for Information)
8. Signature of Offended Party, Peace officer or Public officer charged with enforcement of the law
(for Complaint)
9. If Information is filed after inquest (and not preliminary investigation), add the ff:
a. Place where accused is actually detained
b. Full name and address of evidence custodian
c. Detailed description of recovered items, if any
10. Verification
11. Certification of Preliminary Investigation or Inquest
12. Jurat
INFORMATION
The undersigned, upon sworn complaint originally filed by the offended party, accuses JUAN
DELA CRUZ of the crime of CONSENTED ABDUCTION, committed as follows:
That on or about February 1, 2018, at about 6:00 p.m. in Quezon City and within the
jurisdiction of this Honorable Court, the said accused, did then and there willfully, unlawfully
and feloniously abduct a woman named MARIA MAGDALENA REYES who is a virgin and
minor of 14 years, from her dwelling with her consent after solicitation or cajolery and with
lewd designs.
CONTRARY TO LAW.
Quezon City, Philippines, this 26th day of July 2018.
LEONARDO O. SANTOS
Assistant City Prosecutor
JOSE T. LOPEZ
City Prosecutor