How to File a Criminal Case in the Philippines

If you are a victim of crime or felony in the Philippines, it is wise to report the crime or felony
with the barangay and police authorities. Thereafter, you must secure a barangay blotter and
police blotter or report so that you may use them as evidences. If you sustained injuries, go to a
government hospital to have yourself checked out. The medical report of said hospital will be
very useful to prove your physical injuries. In addition, ask someone to take photographs of
your injuries as proof.

To enable you to properly lodge a criminal complaint, it is of foremost concern that you secure
the services of a good and efficient Philippine lawyer, attorney or law firm. As you will need to
file a Complaint-Affidavit with the Office of the City Prosecutor where the crime was
committed, it is necessary to have your facts straight and evidences in check. A good criminal
lawyer will draft a Complaint-Affidavit which will prove all the elements of the crime or felony.

After filing your Complaint-Affidavit, the Office of the City Prosecutor will issue a subpoena
against the accused, requiring him to appear on a certain date and time to submit his Counter-
Affidavit. Thereafter, you may file a Reply-Affidavit to controvert the new issues he raised. In
the same vein, the accused may file a Rejoinder-Affidavit.

This process is known as preliminary investigation. Preliminary investigation 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. This is a crucial stage in criminal proceedings because the prosecutor will have to
determine whether there is sufficient ground to file an information in court against the
perpetrator. That is why you need to seek expert legal advice and engage the services of
Philippine criminal prosecution lawyers or attorneys to ensure that your criminal complaint is
strong and can prove the elements of the crime.

If there are no sufficient grounds, then the prosecutor will dismiss the case. As such, the
criminal complaint will not be filed in court. Your criminal lawyer may file a Motion for
Reconsideration with the City Prosecutor. If the Motion is denied, you may seek remedy from
the Department of Justice.

If the prosecutor finds probable cause, he will issue a resolution spelling out the reasons for
such finding. The prosecutor will correspondingly file an information in court, with the
recommended bail. If the judge in the pertinent court finds sufficient grounds, he shall issue a
warrant of arrest. Except for certain crimes punishable by reclusion perpetua, when evidence of
guilt is strong, the accused may post bail.

Trial will thereafter ensue. It must be emphasized that criminal cases are offenses committed
against the state. Thus, the prosecutor or fiscal will be the one prosecuting the criminal case.
However, he may be assisted by private prosecutors. In view of the known fact that prosecutors
are laden with heavy work load, it is best to secure your own private lawyer in the Philippines
who can give your concerns the appropriate attention and detail.

When is preliminary investigation required?

A preliminary investigation is required to be conducted before the filing of a complaint

or information for an offense where the penalty prescribed by law is at least four (4)
years, two (2) months and one (1) day, without regard to the fine.

A preliminary investigation is not required in cases of “warrantless arrests.” When a

person is lawfully arrested without a warrant involving an offense which requires a
preliminary investigation, the complaint or information may be filed by a prosecutor
without need of such investigation provided an inquest has been conducted in
accordance with existing rules. However, after the filing of the complaint or information
in court without a preliminary investigation, the accused may, within five (5) days from
the time he learns of its filing, ask for a preliminary investigation.

Bok Claridad vs Esteban babasahin ko muna na case