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.
Nicolas & De Vega Law Offices is a full-service firm located
at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower,
ADB Ave., Ortigas Center, Pasig City, Metro Manila,
Philippines. To learn more about our firm and how we can
help with your concerns on criminal law in the Philippines,
we invite you to visit our website www.ndvlaw.com.


What is 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.
What is the Nature and Purpose of preliminary
investigation?
The determination of probable cause during a preliminary
investigation is an executive function, the correctness of
the exercise of which is a matter that the trial court itself
does not and may not be compelled to pass upon.
In a preliminary investigation, the investigating prosecutor
makes a determination if theres a probable cause, which
is the existence of such facts and circumstances as would
excite the belief, in a reasonable mind, acting on the facts
within the knowledge of the prosecutor, that the person
charged was guilty of the crime for which he was
prosecuted. It has been explained as a reasonable
presumption that a matter is, or may be, well founded,
such a state of facts in the mind of the prosecutor as
would lead a person of ordinary caution and prudence to
believe, or entertain an honest or strong suspicion, that a
thing is so. The term does not mean actual and positive
cause nor does it import absolute certainty. It is merely
based on opinion and reasonable belief. Thus, a finding of
probable cause does not require an inquiry into whether
there is sufficient evidence to procure a conviction. It is
enough that it is believed that the act or omission
complained of constitutes the offense charged, as there is
a trial for the reception of evidence of the prosecution in
support of the charge.
The purpose of a preliminary investigation is to secure the
innocent against hasty, malicious and oppressive
prosecution, and to protect him from an open and public
accusation of a crime, from the trouble, expense and
anxiety of a public trial, and also to protect the state from
useless and expensive trials. A preliminary investigation
serves not only the purposes of the State. More important,
it is a part of the guarantees of freedom and fair play
which are birthrights of all who live in our country. It is
therefore, imperative upon the fiscal or the judge as the
case may be, to relieve the accused from the pain of going
through a trial once it is ascertained that the evidence is
insufficient to sustain a prima facie case or that no
probable cause exists to form a sufficient belief as to the
guilt of the accused. The judge or fiscal, therefore, should
not go on with the prosecution in the hope that some
credible evidence might later turn up during trial for this
would be in flagrant violation of a basic right which the
courts are created to uphold. (Salonga vs. Cruz Pao)
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.
Who are the officers authorized to conduct preliminary
investigations?
The following may conduct preliminary investigations:
(a) Provincial or City Prosecutors and their assistants;
(b) Judges of the Municipal Trial Courts and Municipal
Circuit Trial Courts;
(c) National and Regional State Prosecutors; and
(d) Other officers as may be authorized by law.
What are the basic steps in preliminary investigation?
The basic steps (further discussed in the subsequent
paragraphs) in preliminary investigation are:
1. Filing of the Complaint-Affidavit.
2. Issuance of subpoena by the investigating prosecutor to
the respondent.
3. Filing of Counter-Affidavit by the respondent.
4. If allowed by the prosecutor, filing of Reply-Affidavit (by
the complainant) and Rejoinder-Affidavit (by the
respondent).
5. Resolution.
What are the requirements in filing the Complaint-
Affidavit?
The complaint shall state the address of the respondent
and shall be accompanied by the affidavits of the
complainant and his witnesses, as well as other supporting
documents to establish probable cause. They shall be in
such number of copies as there are respondents, plus two
(2) copies for the official file. The affidavits 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,
each of whom must certify that he personally examined
the affiants and that he is satisfied that they voluntarily
executed and understood their affidavits.
The complaint is also generally required to pay filing fees.
What actions are taken by the investigating prosecutor
after the complaint is raffled to him/her?

Within ten (10) days after the filing of the complaint, the
investigating officer shall either dismiss it if he finds no
ground to continue with the investigation, or issue a
subpoena to the respondent attaching to it a copy of the
complaint and its supporting affidavits and documents.
I havent encountered any case where the investigating
prosecutor dismissed the case prior to the issuance of the
subpoena. Moreover, in practice, the complaint and the
annexes are not usually attached to the subpoena, but are
provided to the respondent during the initial stage.
How is the Counter-Affidavit submitted by the
respondent?
Within ten (10) days from receipt of the subpoena with
the complaint and supporting affidavits and documents,
the respondent shall submit his counter-affidavit and that
of his witnesses and other supporting documents relied
upon for his defense. The counter-affidavits shall be
subscribed and sworn to and certified before the
investigating prosecutor (which means that the
respondent must generally be present during the
submission of the counter-affidavit), with copies furnished
to the complainant. The respondent is not be allowed to
file a motion to dismiss in lieu of a counter-affidavit.
Can the investigating prosecutor resolve the complaint if
the respondent does not appear?
Yes. If the respondent cannot be subpoenaed, or if
subpoenaed, does not submit counter-affidavits, the
investigating office shall resolve the complaint based on
the evidence presented by the complainant. Within ten
(10) days after the investigation, the investigating officer
shall determine whether or not there is sufficient ground
to hold the respondent for trial.
This is the reason why, even in cases where a preliminary
investigation is required, its entrely possible that a
warrant of arrest may be isued without the
respondent/accused being informed about or having
participated in a preliminary investigation. So, dont
disregard a subpoena in a preliminary investigation.
How is the resolution prepared?
If the investigating prosecutor finds cause to hold the
respondent for trial, he shall prepare the resolution and
information. He shall certify under oath in the information
that he, or as shown by the record, an authorized officer,
has personally examined the complainant and his
witnesses; that there is reasonable ground to believe that
a crime has been committed and that the accused is
probably guilty thereof; that the accused was informed of
the complaint and of the evidence submitted against him;
and that he was given an opportunity to submit
controverting evidence. Otherwise, he shall recommend
the dismissal of the complaint.
Within five (5) days from his resolution, he shall forward
the record of the case to the provincial or city prosecutor
or chief state prosecutor, or to the Ombudsman or his
deputy in cases of offenses cognizable by the
Sandiganbayan in the exercise of its original jurisdiction.
They shall act on the resolution within ten (10) days from
their receipt thereof and shall immediately inform the
parties of such action.
Can the Information be filed without the written
authority of the proper authorities?
No complaint or information may be filed or dismissed by
an investigating prosecutor without the prior written
authority or approval of the provincial or city prosecutor
or chief state prosecutor or the Ombudsman or his deputy.
Where the investigating prosecutor recommends the
dismissal of the complaint but his recommendation is
disapproved by the provincial or city prosecutor or chief
state prosecutor or the Ombudsman or his deputy on the
ground that a probable cause exists, the latter may, by
himself, file the information against the respondent, or
direct another assistant prosecutor or state prosecutor to
do so without conducting another preliminary
investigation.
An Information filed in court may be quashed, among
other reasons, if it does not contain the approval or
authority of the aforementioned superiors.
What is the procedure if the preliminary investigation is
conducted by a judge?
The procedure is basically the same as described above.
Within ten (10) days after the preliminary investigation,
the investigating judge shall transmit the resolution of the
case to the provincial or city prosecutor, or to the
Ombudsman or his deputy in cases of offenses cognizable
by the Sandiganbayan in the exercise of its original
jurisdiction, for appropriate action. The resolution shall
state the findings of facts and the law supporting his
action, together with the record of the case which shall
include: (a) the warrant, if the arrest is by virtue of a
warrant; (b) the affidavits, counter-affidavits and other
supporting evidence of the parties; (c) the undertaking or
bail of the accused and the order for his release; (d) the
transcripts of the proceedings during the preliminary
investigation; and (e) the order of cancellation of his bail
bond, if the resolution is for the dismissal of the complaint.
Within thirty (30) days from receipt of the records, the
provincial or city prosecutor, or the Ombudsman or his
deputy, as the case may be, shall review the resolution of
the investigating judge on the existence of probable cause.
Their ruling shall expressly and clearly state the facts and
the law on which it is based and the parties shall be
furnished with copies thereof. They shall order the release
of an accused who is detained if no probable cause is
found against him.
Stages of Criminal Actions in Philippine Courts














Stages of Civil Actions in Philippine Courts