Criminal Complaint Process Against Relatives for Illegal Activities in the Philippines (A comprehensive doctrinal and procedural guide – updated to June 2025)

Disclaimer

This article is for general legal information only and does not create an attorney-client relationship. Laws change, facts differ, and strategic choices must be tailored to each case; always consult a qualified Philippine lawyer for advice on a specific matter.

1. Governing Legal Framework

Source	Key Provisions Relevant to Complaints vs. Relatives
1987 Constitution	Due process (Art III, § 1); right to peaceably petition government; rights of the accused; equal protection.
Revised Penal Code (RPC)	Substantive crimes (Arts 1-365); exempting/mitigating/aggravating circumstances (Arts 11-15); rules on relatives (Arts 19–20 on accessories, Art 332 on property crimes, Art 344 on “private crimes,” Art 296 et seq. on parricide).
Rules of Criminal Procedure (as amended up to A.M. 20-03-09-SC, 2022)	Venue, complaint-affidavit form, preliminary investigation, arrest, bail, trial.
Local Government Code (RA 7160)	Katarungang Pambarangay (Barangay Justice System) conciliation prerequisites.
Special Penal Laws (illustrative)	RA 9262 (Violence Against Women and Children), RA 7610 (Child Abuse), RA 9165 (Dangerous Drugs), RA 8799 (Securities Fraud), etc. Most contain their own rules on who may file and whether barangay conciliation is bypassed.
Evidence Law	Rules on Privileged Communications (spousal disqualification, marital privilege, lawyer-client, etc.).

2. Who May File a Criminal Complaint

Directly Offended Party – always a proper complainant.
Any Private Citizen – may institute complaints for offenses not classified as “private crimes.”
Relatives of Victim – specifically allowed for:
- Offended party is minor, incapacitated, or dead (Rules of Court, Rule 110, § 5 [b]).
- Crimes requiring a relative’s complaint (e.g., seduction, abduction, acts of lasciviousness under RPC Art 344), or protective statutes (RA 9262 allows parent, ascendant, or guardian to file).
Law-enforcement agencies – Philippine National Police (PNP), National Bureau of Investigation (NBI), or specialized agencies (e.g., PDEA for drugs).
Office of the Ombudsman – for crimes involving public officers.

Tip: Even if you are the victim’s sibling filing against another sibling, you stand in the shoes of the offended party for purposes of the complaint; relationship per se neither bars nor diminishes standing.

3. Preliminary Steps Before Filing

Step	Purpose	Key Considerations Where the Respondent Is a Relative
1. Evidence Preservation	Secure documents, gadgets, CCTV, medical reports.	Avoid unilateral “self-help” searches in the family home that may violate privacy/anti-wiretap laws.
2. Barangay Conciliation?	LGC §§ 399-422 require settlement attempt for offenses punishable ≤ 1 year or fine ≤ ₱5,000 and parties reside in same city/municipality.	Conciliation not required if: violence against women/children, offenses with penalties > 1 year, respondent is gov’t employee acting in official capacity, or parties live in different LGUs.
3. Protection Orders / Safeguards	Temporary or Permanent Protection Order (RA 9262); restraining order (RA 7610); Witness Protection Program.	Especially important when the accused is a household member and retaliation is feared.
4. Professional Advice	Consultation with counsel, social worker (for minors), or NGO.	Lawyers must avoid conflict of interest if both parties seek advice.

4. Preparing the Complaint-Affidavit

A criminal case in the Philippines starts on paper. Prosecutors dismiss poorly drafted affidavits, so invest effort here.

Core Contents (Rule 110, § 3): • Full name and address of complainant and respondent • Complete narration of facts showing probable cause • Precise date, time, and place of offense • Offense charged (legal designation) • List of witnesses and documentary/physical evidence • Verification and Jurat before a prosecutor or authorized officer

Special drafting issues when the respondent is kin

Avoid conclusory labels (“my cousin is a thief”)—detail the overt acts.
Degree of relationship should be stated; it can matter for:
- Parricide (Art 246) vs. homicide
- Qualified theft (Art 310) vs. exemption (Art 332)
- Accessory liability exemptions up to 4th civil degree (Art 20).
Article 332 Check-up: The RPC exempts spouses, ascendants, descendants, and relatives by affinity in the same line, and siblings, from criminal liability for theft, swindling, or malicious mischief against each other—but only for simple forms, not when violence, intimidation, fraud of strangers, or other qualifying circumstances are present. If exemption applies, better to file a civil action for restitution.

5. Filing With the Office of the City/Provincial Prosecutor

Docketing – No filing fee for criminal complaints.
Assignment for Preliminary Investigation (PI).
Subpoena of Respondent – 10 days to submit a counter-affidavit.
Clarificatory Hearing (optional).
Resolution – Within 60 days (ordinary PI) or 10 days (in-quest). Outcomes:
- Dismissal for lack of probable cause.
- Filing of Information in trial court.
- Referral to Barangay if mistakenly filed.

Affidavit of Desistance: Even if family reconciles and complainant executes an Affidavit of Desistance, the prosecutor may still proceed if public interest so requires—except in private crimes where the complaint is a jurisdictional element (e.g., adultery, seduction).

6. Court Proceedings in Brief

Raffle & Filing of Information
Issuance of Warrant / Summons
Bail – Amount per DOJ circulars; relationship does not alter bail as a matter of right/ discretion.
Arraignment & Plea
Pre-Trial (consider plea-bargain, stipulations)
Trial Proper – Testimonial & documentary evidence.
- Spousal Privilege (Rule 130, § 23): A spouse cannot testify against the other without consent unless the charge is a crime by one against the other or against a child/descendant.
- Dead-Man’s Statute does not apply in criminal cases.
Judgment; Promulgation
Appeal or Motion for Reconsideration

7. Special Doctrines and Pitfalls When Accused and Complainant Are Relatives

Doctrine / Issue	Practical Impact	Caveats
Relationship as Aggravating Circumstance (Art 15)	E.g., homicide becomes parricide (reclusion perpetua to death) when victim is spouse, ascendant, descendant, legitimate, natural, or adopted child.	Must be alleged in Information and proven.
Accessories Exempt by Kinship (Art 20)	Harboring, aiding escape, or concealing effects of crime by relatives up to 4th civil degree not punishable (except for treason, parricide, murder, serious crimes vs. nat’l security).	Modern special laws (e.g., Anti-Terrorism Act) override the exemption.
Article 332 Exemption	No criminal liability for simple theft/estafa/malicious mischief between specified relatives.	Not applicable if: violence/intimidation, a stranger is a co-conspirator, public property is involved, or a special complex crime (e.g., robbery with homicide).
Private Crimes (Art 344)	Adultery, concubinage, seduction, abduction, acts of lasciviousness—need a complaint by offended spouse/parent/guardian.	Once filed and the offended party participates, complaint becomes irrevocable; pardon must occur before filing.
Barangay Settlement & Relatives	If both live in same barangay/city, many intra-family cases must start at the Lupong Tagapamayapa.	Kapitbahay exception: RA 9262, child abuse, drugs, serious physical injuries are outside barangay jurisdiction.
Violence Against Women & Children (RA 9262)	Complaint may be filed by woman, child, parent, ascendant, guardian, social worker, or law-enforcer.	Both civil (protection), criminal, and administrative remedies can run parallel.
Child Offender Relatives (RA 9344)	Offender below 15 yrs is exempt; age 15-<18 data-preserve-html-node="true" yrs subject to diversion unless acted with discernment.	Diversion may occur at barangay, police, prosecutor, or court level.

8. Evidentiary & Ethical Issues

Family Dynamics: Witness intimidation, pressure to recant. Courts scrutinize recantations, especially by minors or economically-dependent spouses.
Data Privacy: Sharing family chat logs or intimate videos can itself violate RA 9995 (Anti-Photo and Video Voyeurism) or Data Privacy Act. Secure counsel’s go-signal before submission.
Lawyer’s Conflict of Interest: A lawyer cannot represent both complainant and accused relatives (Rule on Code of Professional Responsibility and Accountability, 2023).
DNA & Forensics in Kinship Crimes: Increasingly used in parricide, incestuous rape, and child abuse; National Forensic DNA Database guidelines (NBI, 2024).

9. Alternative and Complementary Remedies

Civil Action for Damages – deemed impliedly instituted with the criminal case unless reserved.
Restitution & Compromise – Allowed in crimes where the civil aspect is predominant (e.g., qualified theft after Art 332 exemption fails).
Mediation (Judicial ADR, A.M. 19-10-20-SC) – Available post-arraignment for offenses with penalty ≤ 6 years if not prohibited by law.
Administrative Cases – E.g., if relative is a public officer; file with Ombudsman or relevant agency.
Protection Orders & Social Services – DSWD, LGU shelters, psychological counseling.

10. Practical Checklist for Complainants

Safety First – Especially if still living under one roof; obtain a Barangay Protection Order or ex-parte TPO if violence is feared.
Document Everything – Photos of injuries, financial records, drug paraphernalia, gadget screenshots, 911 call logs.
Get Medical & Psycho-Social Reports – Hospitals and social workers are accustomed to issuing medico-legal and case study reports admissible in court.
Consult Counsel Early – Mis-steps (e.g., premature recantation) can be hard to undo.
Expect Family Pressure – Set boundaries; the criminal process is the State vs. the accused, not “sister vs. brother.”
Prepare for Time & Cost – While filing is free, transportation, notarization, lost workdays, and emotional toll are real.

11. Timeline Snapshot (Typical, Non-Complex Case)

Stage	Statutory / Guideline Time	Practical Range
Sworn complaint-affidavit preparation	–	1 day – 2 weeks
Barangay conciliation (if applicable)	15 days extendible to 30	2 weeks – 1 month
Prosecutor’s PI	60 days (ordinary)	1 – 6 months
Court trial (MTC)	Within 180 days of PI	6 months – 2 years
Court trial (RTC)	Continuous – 6-month cap per SC guidelines	1 – 5 years
Appeal (CA/Sandigan/SC)	–	1 – 3 years

12. Key Takeaways

Filing against a relative follows the same basic track as any other criminal complaint, but relationship radically affects substantive law (parricide, exemptions) and evidence (privileges, family pressure).
Barangay conciliation is an often-missed prerequisite in minor intra-family disputes; skipping it can void the case.
Article 332 and related kinship exemptions do not stop you from filing—but the prosecutor or court will dismiss if the exemption squarely applies.
Protection statutes (RA 9262, child abuse laws) deliberately bypass conciliatory stages to favor prompt safety over family harmony.
Reconciliation or affidavits of desistance rarely bind the State once probable cause is found, except in “private crimes” where the complaint itself is jurisdictional.

Criminal Complaint Process Against Relatives for Illegal Activities Philippines