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Prosecution of Offenses

Complaint 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. (Rule 110, Sec. 3)
Information - an accusation in writing charging a person with an offense,
subscribed by the prosecutor and filed the court. (Rule 110, Sec. 4)
Who must prosecute
Public Prosecutor
Private Prosecutor authorized in writing by the Chief Prosecution
Office or the Regional State Prosecutor to prosecute the case subject to
the approval of the court
Offended spouse adultery and concubinage
Offended party, her parents, grandparents, guardian, or if she dies and
there are no known relatives, the State seduction, abduction, acts of
lasciviousness
(Rule 110, Sec. 5)
Preliminary Investigation
Definition:
Is an inquiry or proceeding to determine whether there is sufficient
ground to engender a well founded belief that a crime has been
committed and the respondent is probably guilty thereof, and should
be held for trial (Rule 112, Sec. 1)
When required:
Except when lawfully arrested without a warrant, should be conducted
before the filing of the complaint or information for an offense where
the penalty prescribed by law is at least 4 years, 2 months, and 1 day
without regard to fine. (Rule 112, Sec.1)
Officers who can conduct preliminary investigation
1.
2.
3.
4.

Provincial or City Prosecutors and their assistants


Judges of the MTC and MCTC
National and Regional State Prosecutors
Other officers authorized by law

* Authority includes all crimes cognizable by the proper court in their


respective territorial jurisdictions (Rule 112, Sec. 2)