A. Form of the Complaint Filed Before the Prosecutor’s Office. A written complaint filed with the Office of the Prosecutor may come in different forms, to wit:
1. a referral letter from the law enforcement agency;
2. an affidavit of the offended party or any other person authorized by law to file a criminal complaint;
3. a letter (sworn or not) from the offended party, or other persons authorized by law to file the complaint;
4. a referral letter from a committee of the Senate or House of Representatives or any other government agency or institution; and
5. a formal complaint similar in form to that filed in court.
B. Policy on forms of Complaint Filed with the Prosecutor’s Office
1. As general rule, a complaint filed with the prosecutor must be sworn to by the complaint, to discourage harassment charges. In which case, he prosecutor shall warn the complaint that any false statement in the complaint may give rise to a finding of a prima facie case for perjury before the same office. However, referral letter-complaints from the law enforcement agencies or government institutions need not be sworn to by the complaints. A mere letter suffices to start an investigation, except if the offense charged is one which cannot be prosecuted de oficio, or is private in nature, i.e., where the law requires that it be started by a complaint sworn to by the offended party (People v, Sangil, 4 SCRA 722). However, upon the start of the investigation, the investigating officer should administer the oath to the complaint. This liberal policy is premised upon the fact that the complaint is unschooled in law, (Grenen v. Consolacion, 4 SCRA 722 [1962]) and it is the inherent power of the prosecutor to even initiate motu proprio a criminal investigation without waiting a formal complaint to be filed by the police agency or the aggrieved party. (Sec. 3, Rule 110, supra.).
C. Persons Authorized to File Complaints. The following persons are authorized to a file complaint:
1. the offended party; even if the names of the offended parties are not alleged, if the offense belongs to the class of harmful ones (illegal practice of medicine), the victims should be considered offended parties (Diel v. Martinez, 76 Phil. 273).
2. any other person or persons authorized by law to file a complaint;
3. any law enforcement officer charged with the enforcement of the law violated.
4. A “complaint” filed with the prosecutor prior to judicial action may be filed by any person (Salazar v. People, G.R. No. 149472, October 15, 2002) Private persons may denounce a violation of banking laws (Perez v. Monetary Board, 20 SCRA 592).
5. In offenses which cannot be prosecuted de officio, only the following persons may file the complaint:
a. In crimes of adultery and concubinage, only the offended spouse has the right to file the complaint (Sec. 5, par. 3, Rule 110, supra);
b. In crimes of seduction, abduction and acts of lasciviousness, the offended party, even if a minor, may file the complaint independently of her parents, grandparents or guardian (Sec. 5, par. 3, Rule 110, supra);
c. In case the offended party is incompetent or incapacitated, only the following persons have the right to file the complaint, exclusive of all other persons, and may only exercise such right successively in the following order of priority: parents, grandparents, and guardians. (Sec. 5, par. 4, Rule 110, supra);
d. If the offended party dies or incapacitated before she could file the complaint, but has no known parents, grandparents or guardian, the State shall initiate the criminal action in her behalf. (Sec. 5, par. 3, Rule 110, supra);
e. In cases of violations of the Child Abuse Law, any one of the following may file the complaint (Sec. 27, R.A No.7610, as amended by R.A. No 9231 [Child Labor law]):
(1) the offended party
(2) the parents or guardian
(3) ascendant or collateral relative within the third civil degree of consanguinity;
(4) officer, social worker or representative of a licensed child-care institution;
(5) officer or social worker of the Department of Social Welfare and Development;
(6) Barangay Chairman of the place where the offense was committed; or of the place where the offended party actually resides, or where he/she works;
(7) At least three (3) responsible citizens where the violation occurred.
f. For violations of RA 9262 (Anti-Violence Against Women and their Children Act of 2004), any citizen having knowledge of the circumstances involving the commission of the crime may file the complaint.
g. In case of violation of RA 9208 (Anti-Trafficking in Persons Act), any one of the following may file the complaint:
(1) trafficked person;
(2) parents;
(3) spouse;
(4) siblings;
(5) children;
(6) legal guardian;
(7) any person who has personal knowledge of the commission of the offense.
D. Law Enforcement Officers/Public Officers Authorized to File Criminal Complaints. Except in offenses which cannot be prosecuted de oficio, or where the law specifies only certain persons as authorized to file the criminal complaint, the following law enforcement officers or public officers or agencies may initiate the criminal action or complaint:
1. police officers;
2. NBI agents
3. officials of the Philippine Drug Enforcement Agency (PDEA) for violations of RA 9165 (Comprehensive Dangerous Drugs Act of 2002);
4. officials of the Bureau of Internal Revenue (BIR) for violations of the National Internal Revenue Code (NIRC);
5. officials of the Bureau of Customs (BOC) for violations of the Tariff and Customs Code;
6. officials of the Bureau of Forestry Development (BFD) or other officials of the Department of Environment and Natural Resources for violations of the Forestry Law;
7. officials of the Social Security System (SSS) for violations of RA 1161, as amended by RA 8282 (SSS Law);
8. officials of the Philippine Overseas Employment Administration (POEA) for violations of RA 8042 (Migrant Workers and Overseas Filipinos Act of 1995);
9. officials of the PAG-IBIG for violations of the PAG-IBIG Fund Law (PD 1752); and
10. Other agencies specially tasked with the enforcement of certain special laws.
E. Institution of Criminal Action; How and Where Commenced
1. For offenses that require preliminary investigation pursuant to Sec. 1, Rule 112 of the Revised Rules on Criminal Procedure –
A criminal action may be commenced or instituted by the filing of the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation (Sec. 1 (a), Rule 110, supra.).
2. Criminal actions for violations of the civil and political rights of persons suspected of or detained for the crime of terrorism or conspiracy to commit terrorism may also be commenced by the filing of the complaint with the Commission on Human Rights (Sec. 55, RA 9372).
3. For offenses that do not require preliminary investigation. A criminal action may be commenced:
(a) By filing the Complaint or Information directly with the Metropolitant Trial Courts, Municipal Trial Court and Municipal Circuit Trial Courts; or,
(b) by filing the complaint with the Office of the Prosecutor.
F. Place where Criminal Action is to be Instituted
1. A criminal action should be instituted and tried in the province, city or municipality where the offense was committed or any of its essential elements took place. The purpose of the aforementioned principle being that a defendant should not be compelled to move to, and appear in a different court from that of the province where the crime was committed, as it would cause him great inconvenience in looking for his witnesses and other evidences in another place (Beltran v. Ramos, et al., 96 Phil. 149 [1954]).
2. Where the offense is committed on railroad train, in an aircraft, or in any other public or private vehicle while in the course of trip. The criminal action shall be instituted in the court of any municipality or territory where such train, aircraft or other vehicle passed during such trip, including the place of departure and arrival (Sec. 15 (b), Rule 110, supra.).
3. Where the offense is committed on board a vessel in the course of its voyage – The criminal action shall be instituted in the proper court of its first port of entry or of any municipality or territory through which the vessel passed during such voyage subject to the generally accepted principles of international law (Sec. 15 (c) Rule 110, supra).]
4. The place where the action is to be instituted is subject to existing laws such as offenses which fall under the exclusive jurisdiction of the Sandiganbayan which is located at Quezon City.
5. Where the crimes are committed outside the Philippines but punishable under Article 2 of the Revised Penal Code. The commission of such crimes shall be cognizable by the court where the criminal action is first filed (Sec. 15 (d), Rule 110, supra.).
G. Who Prosecutes Criminal Actions
1. All criminal actions commenced by a Complaint or Information shall be prosecuted under the direction and control of the prosecutor (Sec. 5, par. 1, Rule 110, supra.).
2. A case dismissed before arraignment may be refilled. (Marcelo v. Court of Appeals, 227 SCRA 827).
3. In Municipal Trial Courts or Municipal Circuit Trial Courts, when the prosecutor assigned thereto or to the case is not available the following may prosecute the case (Sec. 5, par. 1, Rule 110, supra.):
a. the offended party;
b. any peace officer; or
c. public officer charged with the enforcement of the law violated.
This authority shall cease upon actual intervention of the prosecutor or upon elevation of the case to the Regional Trial Court.
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