Guide To Filing A Criminal Case In The If you are not the victim but you are acting on disprove
acting on disprove your accusations, to which you may
Philippines
If you’re a victim of a crime, you can find solace in
knowing that you can seek and receive justice
under Philippine law.
The road to justice is not always easy, however. Any
person accused of a crime has the fundamental
right to be presumed innocent until proven guilty
beyond reasonable doubt. It thus falls on you as the
accuser to take the necessary steps that will help
establish the offender’s guilt.
To help you avoid mistakes that could be
detrimental to your quest for justice, here’s a step-
by-step guide to filing a criminal case in the
Philippines.
1. Report the Crime. The first step in taking legal
action is to report the crime to the proper
authorities, typically to officials of the barangay
where the incident happened, or to the police.
The barangay officials or the police will generate
a “blotter” which will serve as an important
piece of evidence in your case.
2. Document Injuries and Damages. If harm was
done to your person, it’s important to
immediately seek treatment, perhaps even
before you report the crime to the authorities.
No matter how difficult, try to document your
injuries. Photographs, along with the doctor’s
report, will greatly help prove your case later on.
Don’t delay seeking medical attention as any
time lapse could negatively affect your case’s
credibility.
the victim’s behalf, make sure the
documentation of the injury is as detailed as
possible.
If harm was done to your property, photographs
of the damage and of the scene are essential. In
all cases, try to find as many witnesses as
possible and get their contact information for
future use.
3. Seek a Lawyer’s Help. In seeking justice, you will
need the services of qualified attorney, and the
earlier you can call on one, the better. Your
lawyer will guide and assist you in gathering and
preserving evidence.
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4. File a Complaint. A complaint needs to be filed
with the Office of the City Prosecutor (OCP) or
Office of the Provincial Prosecutor (OPP), where
the incident took place. Your lawyer will draft the
Complaint-Affidavit, which will include the
details of the incident along with your evidences,
your personal information, and information on
the offender.
5. Cooperate with the Preliminary Investigation.
The OCP or OPP will then conduct a preliminary
investigation to determine if your complaint has
sufficient merit, that is, if there’s enough
evidence to show that a crime has been
committed and that the respondent person is
“probably guilty” of the crime.
In the course of the preliminary investigation,
the respondent may issue a Counter-Affidavit to
respond with a Reply-Affidavit.
The OCP or OPP will then determine if there’s
sufficient ground to pursue a case against the
respondent. If they believe there’s none, the
case will be dismissed. If they do find sufficient
ground, they will file a resolution and
information with the proper court.
6. Await Judge’s Resolution. The judge to whose
court the case was brought will then investigate
the merits of the case and resolve to either
dismiss the case or bring it to trial. If the judge
decides for a trial, he/she will issue a warrant of
arrest for the respondent (this time he/she will
be called an accused).
The judge may allow bail, depending on the
nature and gravity of the case, which would
grant the accused temporary freedom while the
trial is in progress.
7. Go Through the Trial. Criminal acts are
considered offenses against the state, and
therefore, criminal cases are handled by state
prosecutors or fiscals. However, private lawyers,
particularly those you choose, may assist state
prosecutors who are often too burdened with
numerous cases to give adequate attention to
each one.
Throughout the proceedings, your lawyer will be
around to guide you and provide you with the
information you need in making your decisions,
while working within the system to help you
achieve a just resolution of your case.
FAQ ON SEARCH WARRANTS
When a policeman knocks on your door and
wants to search your house, will you let him in?
If you are standing in a street, can a policeman
just search through your belongings? The
answer is no, unless he is armed with a search
warrant.
No less than Art. III, Section 2 of the Constitution
holds inviolable our rights to be secure in our
persons, houses, papers and effects against
unreasonable searches and seizures. Thus,
subject to certain exceptions, we cannot be
subjected to search by police authorities in the
absence of a search warrant. To know more
about search warrants, read on.
Search warrants are governed by Art. III, Sec. 2
of the Constitution which provides:
Section 2. The right of the people to be secure in
their persons, houses, papers, and effects
against unreasonable searches and seizures of
whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of
arrest shall issue except upon probable cause to
be determined personally by the judge after
examination under oath or affirmation of the
complainant and the witnesses he may produce,
and particularly describing the place to be
searched and the persons or things to be
seized.
1. What is a search warrant? A search warrant
is an order in writing, issued in the name of
the People of the Philippine Islands, signed
by a judge or a justice of the peace, and
directed to a peace officer, commanding him
to search for personal property and bring it
before the court. [Alvarez vs. Court of First
Instance of Tayabas, G.R. No. 45358, 29
January 1937]
2. Requisites of a valid search warrant. The
requisites are:
a. There must be probable cause;
b. The probable cause must be determined
personally by a judge;
c. It must be issued after examination,
under oath or affirmation, of the
complainant and the witnesses he may
produce;
d. The warrant must particularly describe
the place to be searched and the
persons or things to be seized
3. What is probable cause? Probable cause
refers to such facts and circumstances which
would lead a reasonably discreet and prudent
man to believe that an offense has been
committed and that the objects sought in
connection with the offense are in the place
sought to be searched.
4. What are the properties which may be seized
under a search warrant?
The properties subject of seizure under Rule
126, Sec. 2 of the Rules of Court are:
a. Subject of the offense;
b. Stolen or embezzled property and other fruits
or proceeds of the offense; and
c. Property used or intended to be used as a
means for the commission of an offense.
5. When are checkpoints allowed?
In the case of Valmonte vs. De Villa, the
Supreme Court had the occasion to rule that
checkpoints are not illegal per se. Thus, under
exceptional circumstances, as where the
survival of organized government is on the
balance, or where the lives and safety of the
people are in grave peril, checkpoints may be
allowed and installed by the government.
Routine inspection and a few questions do not
constitute unreasonable searches. If the
inspection becomes more thorough to the extent
of becoming a search, this can be done when
there is deemed to be probable cause. In the
latter situation, it is justifiable as a warrantless
search of a moving vehicle.
For as long as the vehicle is neither searched
nor its occupants subjected to a body search,
and the inspection of the vehicle is limited to a
visual search, said routine checks cannot be
regarded as violative of an individual’s right
against unreasonable search. [Valmonte v.
General de Villa, G.R. No. 83988, 24 May 1990]
6. Is it required that the property to be searched
should be owned by the person against whom
the search warrant is directed? No. In Burgos,
Sr. v. Chief of Staff, AFP [133 SCRA 800], the
Supreme Court enunciated that it is sufficient
that the property is under the control or
possession of the person sought to be searched.
7. Should the address in the search warrant
match the actual place to be searched? Yes, the
address in the search warrant must match the
actual place to be searched. In People vs. Court
of Appeals [ 291 SCRA 400], the Supreme Court
ruled that the place to be searched, as set out in
the warrant, cannot be amplified or modified by
the officers’ own personal knowledge of the
premises, or the evidence they adduced in
 support of their application for the warrant. The
particularization of the description of the place
to be searched may properly be done only by the
Judge, and only in the warrant itself; it cannot be
left to the discretion of the police officers
conducting the search.
8. What are the instances when a search may be
made without a warrant? The following
instances allow a search without a warrant:
a. When there is a valid waiver of the right
b. Where the search is incidental to a valid
arrest
c. Where the prohibited articles are in plain
view. An example of such situation is when a
policeman is chasing a criminal and during the
said chase, the policeman stumbled upon a
drug den where drugs and paraphernalia were
scattered around.
9. If the security guard in a mall wants to open
my bag and check the inside thereof, isn’t there
a violation of my right against unreasonable
search? No, there is no violation of your right.
Private search is not covered by the
constitutional guarantee. In the case of People
vs. Marti [193 SCRA 57], the Supreme Court
ratiocinated that in the absence of
governmental interference, the constitutional
right against unreasonable search and seizure
cannot invoked against the State. The protection
against unreasonable search and seizure
cannot be extended to acts committed by
private individuals so as to bring it within the
ambit of alleged unlawful intrusion by the
government.

d. In Stop and frisk situations or pursuant to a

Terry Search. In the US case of Terry vs. Ohio, a
Terry Search has been defined as the right of a
police officer to stop a citizen on the street,
interrogate him and pat him for weapons
whenever he observes unusual conduct which
leads him to conclude that criminal activity may
be afoot.

e. Search of moving vehicles

f. Enforcement of immigration and customs law

g. Search under exigent and emergency

measures
 IF YOU'RE ARRESTED OR DETAINED,
KNOW THESE RIGHTS.
The 1987 Constitution guarantees that no Filipino
shall be deprived of life, liberty, or property without
due process of law.
As long as a citizen abides by the law, he or she
should not be in trouble.
Article III, Section 12 of the 1987 Constitution (also
known as the Bill of Rights) states that any person
under investigation for the commission of a crime or
offense "shall have the right to be informed of his
right to remain silent and to have competent and
independent counsel preferably of his own choice."
If you can't afford a lawyer, the state will provide you
with one.
The right to remain silent is emphasized because
any statement you give can be used against you in
court.
Likewise, it is your right to call or have access to a
lawyer at all times throughout the ordeal of arrest or
detention.
These rights cannot be waived "except in writing and in
the presence of counsel," says the Constitution.
More rights
If you're being arrested you should know these
additional rights:
 Know the reason for your arrest at the time
of your arrest via an arrest warrant, which
you should ask for
 Ask for the identity and authority of the
arresting officer
 Be promptly brought before a judge and be
"entitled to a trial within a reasonable time"
or to be entitled to release subject to
guarantees to appear for trial
 Demand physical examination by an
independent and competent doctor of your
choice before and after interrogation, as
stated in Republic Act 9745 or the Anti-
Torture Act
A manual on law enforcement for citizens
prepared by the Philippine National Police, in
fact, says that prior to release or any change of
custody, "you will...be physically examined."
Lawyer Marlon Manuel of the Alternative Law
Groups, a coalition of legal resource non-
governmental organizations, said that physical
examination is already part of the police's
booking procedures immediately after an arrest.
The Free Legal Assistance Group (FLAG), in its
primer on human rights, also recommends that
you stay calm, not resist arrest or offer any
physical resistance, and ask a relative, friend or
even anybody to witness the arrest. Make sure
to get the witness' name and address.
FLAG also suggests you ask the arresting officer
where you will be brought, and be accompanied
by the witness of your arrest. Do not agree to be
blindfolded.
If authorities invite you for questioning, say you
will first consult your lawyer, who will arrange a
date, time, and place for your questioning. If
they insist on taking you with them, their acts
become tantamount to an arrest.
This is different from custodial investigation,
where you are taken into police custody for
interrogation because you are "considered a
suspect, and therefore are being investigated as
a potential accused in a criminal case," said
Manuel. "Usually, custodial investigation follows
warrantless arrest."
"In short, if the invitation [for questioning] is not
really an invitation but more of a deprivation of
liberty, it becomes equivalent to custodial
investigation," he added.
Warrantless arrest
Authorities may conduct a warrantless arrest,
but only on the following grounds:
 When the person to be arrested has
committed, is actually committing, or is
attempting to commit an offense in the
presence of an arresting officer
 When an offense has just been committed
and the arresting officer has probable cause
(based on personal knowledge of facts and
circumstance) to believe that the person to
be arrested has committed a crime
 When the person has escaped
prison/detention, or escaped while being
transferred to another facility
If you're arrested without a warrant, you can only
be detained for:
 12 hours, for light offenses, which are
punishable by light penalties
 18 hours, for less grave offenses,
punishable by correctional penalties
 36 hours, for grave offenses, punishable by
capital penalties
As a general rule, inquest proceedings – where
a civilian prosecutor determines the legality of
an arrest – are included in these time periods.
During detention
If you are arrested or detained, you are entitled
to the following rights, according to FLAG:
 Be treated as a human being
 Due process, including being informed of
written regulations in the detention center,
and not being subjected to harsh, excessive
or inhuman punishment such as corporal
punishment or solitary confinement
 Receive visits from family, friends, and
lawyers
 Practice your religion
 Adequate food, clothing, and healthful
accommodations
 Be furnished with or to procure reading or
writing materials
 Be kept separate from convicts serving
sentence
 Speedy, impartial, and public trial, as
likewise provided by the Constitution
According to Republic Act 7438, a person
arrested, detained or under custodial
investigation shall be allowed visits by:
 Any member of his/her immediate family
 A doctor/priest/religious minister chosen by
him/her, the immediate family or by his/her
counsel
 Any nongovernmental organization
accredited by the Commission on Human
Rights (for national NGOs) or the Office of
the President (for international NGOs)
RA 7438 defines a person's immediate family as
"his or her spouse, fiancé or fiancée, parent or
child, brother or sister, grandparent or
grandchild, uncle or aunt, nephew or niece, and
guardian or ward."
Illegal acts
The following acts are illegal, according to the
Bill of Rights of the Constitution:
 Unreasonable searches and seizures
 Use of torture, force, violence, threat,
intimidation, or any other means which
vitiate or impair the free will
 Use of secret detention places, solitary,
incommunicado, or other similar forms of
detention
 Use of a confession or admission obtained in
violation of Article III, Section 17 of the
Constitution, which says, "No person shall be
compelled to be a witness against himself"
 Detention solely by reason of his political
beliefs and aspirations
 Involuntary servitude in any form (except as
a punishment for a crime whereof the party
shall have been duly convicted)
 Imposition of excessive fines
 Infliction of cruel, degrading or inhuman
punishment
 Imprisonment for debt or non-payment of a
poll tax