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Pleadings and other Legal Forms

in
Criminal Procedure
Topics
01 Complaint-Affidavit

02 Counter-Affidavit

03 Information

04 Complaint
In general
All criminal actions must be commenced either by a complaint or information.
(Sec. 1, Rule 110 of the ROC)

a) Where Preliminary investigation is required:

• by filing a complaint with the proper officer for the purpose of


conducting the requisite preliminary investigation

b) For all other offenses:

• by filing the complaint or information directly with the Municipal Trial


Courts and Municipal Circuit Trial Courts, or the complaint with the
Office of the Prosecutor.

• In Manila and other chartered cities, the complaint shall be filed with
the Office of the Prosecutor unless otherwise provided in their
charters.
Complaint-Affidavit
- is a statement alleging that a person has committed an
offense. It must:

(a) be in writing;
(b) shall state the address of the respondent(s)
(c) and accompanied by the affidavits of the complainant and his
witnesses, alleging the essential facts constituting the offense
charged;
(d) other supporting documents to establish probable cause;
Complaint-Affidavit

• shall be in such number of copies as there are respondents


plus two (2) for the official file.

• shall be subscribed and sworn to before any prosecutor or


government official authorized to administer oath, or, in their
absence or unavailability, before a notary public.
Parts
• Place where the affidavit is executed
• Caption
• Personal circumstances of the complainant
• Body
• Attestation clause
• Name and signature of the affiant
• Jurat
• Annexes
Counter-Affidavit

- an affidavit responding to and contradicting the affidavit


produced by an adversary. It must:

(a) be in writing;
(b) include other supporting documents relied upon for his
defense;
Counter-Affidavit
• submitted within ten (10) days from receipt of the subpoena
with the complaints and supporting affidavits and documents;

• shall be subscribed and sworn to before any prosecutor or


government official authorized to administer oath, or, in their
absence or unavailability, before a notary public;

• copies thereof furnished to the complainant;


The respondent shall not be allowed to file a motion to dismiss in lieu of a
counter-affidavit.
Parts
• Place where the affidavit is executed
• Caption
• Personal circumstances of the complainant
• Body
• Attestation clause
• Name and signature of the affiant
• Jurat
• Annexes
• Copy furnish the complainant
Information and Complaint
Complaint – is a sworn written statement charging a person with
an offense, subscribed by the offended party, peace officer, or
other public officer charged with the enforcement of the law
violated. (Sec. 2, Rule 110)

Information – is an accusation in writing 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)
Information and Complaint

A complaint differs from an information in that


the former must be under oath while the latter
requires no oath. The prosecutor filing the
information is acting under the oath of his office.
Information and Complaint

A complaint or information is subscribed by the


a) offended party, b) any peace officer, or c)
other public officer charged with the enforcement
of the law violated.

An information is subscribed by the prosecutor.


Sufficiency of the Complaint or Information
The minimum requirements are:

a) the name(s) of the accused;


• When the offense is committed by more than one (1) person, all of
them shall be included in the complaint or information.
b) the designation of the offense by the statute;
c) the acts or omissions complained of as constituting the
offense;
d) the name of the offended party;
e) the approximate time of the commission of the offense;
f) the place wherein the offense was committed.