1.

Filing of the complaint/information

a. Definitions

i. Complaint

1. Definition

a. A sworn written statement charging a person with an offense

b. Subscribed by--

i. The offended party,

ii. Any peace officer, or

iii. Other public officer charged with the enforcement of the law violated. (110.2)

2. Requirements for sufficiency (110.6)

a. Accused's name;

i. If committed by >1: include all names in CI.

ii. It can either be: (110.7)

1. His name and surname, or

2. Any appellation or nickname by which he has been or is known, or

3. A fictitious name + a statement that his real name is unknown, if such is the
case.

a. True name inserted in the CI+record if this later becomes known.

b. Offended party's name;

i. Name and surname of the person against whom or against whose property the
offense was committed, or

ii. Any appellation or nickname by which such person has been or is known.

1. If a juridi al person - by its name, or any name or designation by which it is

known or by which it may be identified (without need of averring that it is a
juridical person or that it is organized in accordance with law)

iii. A fictitious name - If there is no better way of identifying him (110.12)

 1. Offenses against property where the offended party's name is unknown -
msult describe the property with such particularity as to properly identify
the offense charged

2. If name later disclosed/ascertained - name inserted fo the CI + record

(110.12)

c. Designation of the offense (as per statute);

i. Either:

1. The designation of the offense given by the statute, or

2. If no name, then the section/subsection of the statute punishing it; (110.8)

ii. Must only state ONE offense

1. XPN: when the law provides a single punishment for numerous offenses
(110.13)

d. A/O complained of as constituting the offense;

i. Must state aggravating and qualifying circumstances

ii. These must be stated in a ordinary and concise language and not necessarily in
the language used in the statute but in terms sufficient to enable a person of
common understanding to know + for the court to pronounce judgment.
(110.9)

e. Approximate date of the commission of the offense; and

i. GEN: precise date not required

1. May be alleged to have been committed on a date as near as possible to the

date of commission

ii. XPN: if a material ingredient of the offense (110.11)

f. Place where the offense was committed.

i. GEN: Must be either where--

1. The offense was committed, or

2. Some of its essential elements occurred.

ii. XPN:
 1. If the particular place where it was committed constitutes an essential
element of the offense, or

2. If the place is necessary for ita identification (?). (110.10)

ii. Information

1. An accusation in writing charging a person with an offense,

2. Subscribed by the prosecutor, and

3. Filed with the court. (110.3)

iii. Amendment or substitution

1. Amendment

a. Without leave of court - allowed when

i. Either in form or substance

ii. If it can be done without prejudicr to the rights of the accused

b. With leave

i. If -

1. It downgrades the offense, and

2. Excudes any of the accused

ii. Requirements

1. Upon motion by the prosecutor

2. With notice to the offended party

3. Court must resolve the motion in the ff manner:

a. State the reason for the order

b. Send notice to the parties, especially the offended party.

c. Substitution

i. When applicable: when there is a mistake in charging the proper offense

b. Where filed:

i. Offenses where a preliminary investigation is required pursuant to section 1 of Rule 112

 1. Where: file the complaint with the proper officer for the purpose of conducting the
requisite preliminary investigation.

ii. All other offenses, by filing the

1. Directly with the Municipal Trial Courts and Municipal Circuit Trial Courts - complaint or
information, or

2. With the office of the prosecutor - complaints only. In Manila and other chartered cities,
the complaints shall be filed with the office of the prosecutor unless otherwise provided
in their charters. (110.1)

c. Effect of the institution of the criminal action: it will interrupt the running of the period of
prescription of the offense charged unless otherwise provided in special laws. (110.1)

d. Who prosecutes (110.5)

i. GEN: Public prosecutor

1. The prosecution of all complaints and informations shall be under their direction and
control.

ii. XPN: Private prosecutor

1. When allowed:

a. When they have a heavy workload, or

b. When there is a lack of public prosecutors

2. How they assume prosecution:

a. Be authorized in writing by the--

i. Chief of the Prosecution Office (CPO), or

ii. The Regional State Prosecutor (RSP), and

b. Get court approval.

iii. Special cases

1. Adultery/Concubinage

a. Who files complaint: offended spouse

b. Rules:

i. Must include both offenders, if alive

 ii. Not allowed to file the complaint if spouse consented/pardoned

2. Seduction, abduction, acts of lasciviousness

a. Who files complaint:

i. Offended party, or

1. She can initiate prosecution unless incompetent/incapable of doing so.

ii. Her parents,

1. The parents, etc may file of the offended party is -

a. A minor, and

b. Fails to file the complaint herself.

2. The rights of the enumerated relatives are exclusive and successive in the
order provided.

iii. Grandparents, or

iv. Guardian, or

v. The State, but only if

1. She dies/becomes incapacitated before she can file the complaint, and

2. She has no known relatives as stated above.

3. Defamation for imputation of any of the offenses mentioned above

a. Instituted only ar the instance of the offended party

4. Offenses contained in special laws