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)