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    Legal Forms - Jillian

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    Jillian Asdala
    This document discusses the different types of pleadings and legal forms used in criminal procedure in the Philippines, including complaint-affidavits, counter-affidavits, informations, and complaints. It provides details on the requirements and parts of each document. A complaint-affidavit is a statement alleging someone committed an offense that must include essential facts and supporting documents. A counter-affidavit responds to and contradicts an adversary's affidavit. An information differs from a complaint in that it requires no oath. Both must be subscribed by an offended party, peace officer, or public officer.

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    © All Rights Reserved
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    Legal Forms - Jillian

    Uploaded by

    Jillian Asdala
    157 views13 pages
    This document discusses the different types of pleadings and legal forms used in criminal procedure in the Philippines, including complaint-affidavits, counter-affidavits, informations, and complaints. It provides details on the requirements and parts of each document. A complaint-affidavit is a statement alleging someone committed an offense that must include essential facts and supporting documents. A counter-affidavit responds to and contradicts an adversary's affidavit. An information differs from a complaint in that it requires no oath. Both must be subscribed by an offended party, peace officer, or public officer.

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    Presentation for Legal Forms - Docs in Crim Pro

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    This document discusses the different types of pleadings and legal forms used in criminal procedure in the Philippines, including complaint-affidavits, counter-affidavits, informations, and complaints. It provides details on the requirements and parts of each document. A complaint-affidavit is a statement alleging someone committed an offense that must include essential facts and supporting documents. A counter-affidavit responds to and contradicts an adversary's affidavit. An information differs from a complaint in that it requires no oath. Both must be subscribed by an offended party, peace officer, or public officer.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    157 views13 pages

    Legal Forms - Jillian

    Uploaded by

    Jillian Asdala
    This document discusses the different types of pleadings and legal forms used in criminal procedure in the Philippines, including complaint-affidavits, counter-affidavits, informations, and complaints. It provides details on the requirements and parts of each document. A complaint-affidavit is a statement alleging someone committed an offense that must include essential facts and supporting documents. A counter-affidavit responds to and contradicts an adversary's affidavit. An information differs from a complaint in that it requires no oath. Both must be subscribed by an offended party, peace officer, or public officer.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 13

    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.

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