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Complaint Defined as a sworn written statement 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. [Section 3, Rule 110, Rule of Criminal Procedure]
Persons Authorized to File Complaint a) Offended party b) Any peace officer; and c) Other public officer charged with the enforcement of the law violated
Offended Party This refers to the person/s against whose property the offense or crime was committed.
Peace Officers This may refer to any of the following:
Chapter 1
Filing or Initiation of Complaint
At the end of this chapter the student should be able to: Define Complaint Enumerate Persons Authorized to file complaint Understand the Institution of Criminal Action
- Police officers;
- Agents of the National Bureau of Investigation; and
- Other law enforcement officers.
Public Officers Charged with the Enforcement of the Law Violated:
- This refers to government officers charged with the enforcement of the specific law violated, e.g. (a) Internal Revenue Agents, in cases of violation of the National Internal Revenue Code; (b) Customs Agents in cases of violation of the tariff and Customs Code.
- The filing of criminal action is commenced by either the filing of complaint or information before the (a) police, (b) the Office of the Prosecutor or (c) to the Court.
- If the offender is lawfully arrested without a warrant, the complaint would be prepared by the police officer, other law enforcement officer or any officer charged with the enforcement of the law violated and the case would be submitted for inquest proceedings.
- Generally, the complaint is prepared by requiring the offended party to make a sworn written statement regarding the incident being complained about together with the affidavits/statements of his witnesses, if any.
- The sworn written statement of the offended party and his witnesses, if any, together with the affidavit of the arresting officer would be the basis for the filing of the case for inquest proceedings before the Office of the Prosecutor.
- If the offender is not arrested, the case can be initiated by filing a sworn complaint affidavit before the Office of the Prosecutor or to the Court for the conduct of the preliminary investigation, if required.
- Under the Rules of Criminal Procedure, specifically Section 1, Rule 110 provides as follow: "Institution of criminal actions. - Criminal actions shall be instituted as follows: a) For offenses where a preliminary investigation is required pursuant to section 1 of Rule 112, by filing the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation.
14.GENERAL RULE: A criminal case should be instituted and tried in the place where the offense was committed.
15.EXCEPTION: a) The Supreme Court may order a change of venue or place of trial to avoid a miscarriage of justice; b) When the law provides otherwise; (Libel, Violation of election law, etc.) c) Cases under the Rules of Court, Rule 110, Section (b), (c) and (d);
(b) Where an offense is committed in a train, aircraft, or other public or private vehicle in the course of its trip, the criminal action shall be instituted and tried in the court of any municipality or territory where such train, aircraft, or other vehicle passed during its trip, including the place of its departure and arrival.
(c) Where an offense is committed on board a vessel in the course of its voyage; the criminal action shall be instituted and tried in the court of the first port of entry or of any municipality or territory where the vessel passed during such voyage, subject to the generally accepted principles of international law.
(d) Crimes committed outside the Philippines but punishable under Article 2 of the Revised Penal Code shall be cognizable by the court where the criminal action is first filed. d) Those enumerated under Article 2 of the Revised Penal Code;
Should commit an offense while on a Philippine ship or airship;
Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands;
Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number;
While being public officers or employees, should commit an offense in the exercise of their functions; or
Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code.
e) In cases of piracy-The crime of piracy is committed not against any particular state but against mankind. Hence, the same may be punished in any competent tribunal or court of any country where the offender may be found.
- The territorial jurisdiction where the case is to be filed and instituted is determined by the allegations in the complaint/information as to the place of the commission of the crime and this is determinative which place will the complaint/information shall be filed and prosecuted.
References:
Atty. Ronaldo Jimenez Pineda Practice Court - PCCR
