Here’s a practical, everything-you-need-to-know legal guide—Philippine context—on Direct Filing vs. Regular Filing of Criminal Cases. This is written for complainants, defense counsel, law enforcers, and law students who need a clean decision-tree, with documents, venues, timelines, and pitfalls.

The two big pathways (and the third “inquest” fast-track)

A) Direct filing in court (“direct filing”)

You file the criminal complaint or information directly in the proper trial court (usually a first-level court—MTC/MTCC/MCTC).
Used for offenses that do not require a preliminary investigation (PI)—generally those punishable by less than 4 years, 2 months, and 1 day (without regard to fine).
Also used under the Rule on Summary Procedure (e.g., certain traffic offenses, light threats, slight physical injuries, alarms and scandals, etc.).
Some private crimes (e.g., adultery/concubinage, seduction, acts of lasciviousness) must still comply with “complaint by the offended party” rules—even when directly filed.

B) Regular filing through the prosecutor (“regular filing”)

You start with the Office of the City/Provincial Prosecutor by submitting a complaint-affidavit and annexes.
The prosecutor conducts a preliminary investigation (written submissions; clarificatory hearing if needed).
If probable cause is found, the prosecutor files an Information in court. If not, the case is dismissed at the prosecution level.
This is mandatory for offenses punishable by at least 4 years, 2 months, and 1 day (regardless of fine), and for many special laws carrying higher penalties.

C) Inquest (the “fast-track” after a warrantless arrest)

If the suspect is lawfully arrested without a warrant, an inquest prosecutor may immediately evaluate police inquest papers and, upon finding probable cause, file the Information in court at once (often the same day) without a full PI.
If the arrested person posts bail or is released, the case typically proceeds to regular PI upon the accused’s request/mandate.

Mental model:

Direct filing = complainant goes straight to court for lower-penalty cases.

Regular filing = complainant goes first to the prosecutor for PI-covered cases.

Inquest = post-arrest shortcut led by the prosecutor for warrantless arrests.

Jurisdiction & venue: where to file

By penalty:
- First-level courts (MTC/MTCC/MCTC): generally offenses where the maximum imposable penalty does not exceed 6 years (subject to special laws). These are the typical direct-filing targets.
- Regional Trial Courts (RTC): graver offenses; you cannot directly file here if the case requires PI—you must go through the prosecutor first (unless it is an inquest filing by the prosecutor).
By place (venue):
- File where the crime or any of its essential elements occurred. For continuing offenses, venue may be in any court where any element happened.
Barangay conciliation prerequisite (Katarungang Pambarangay):
- If both parties are natural persons and reside in the same city/municipality, and the offense is within the barangay justice system’s coverage (generally those punishable by up to 1 year or fine up to ₱5,000, with many exceptions), you must first secure a Certificate to File Action (or show an exception).
- Skipping this step when required can be fatal (dismissal for failure to comply with a condition precedent) whether you direct-file in court or regular-file with the prosecutor.

The “4 years, 2 months, 1 day” rule: your first fork in the road

**Penalty < 4y 2m 1d → PI not required → Direct filing in court is allowed (or you may still route through the prosecutor if local practice prefers screening).
**Penalty ≥ 4y 2m 1d → PI required → Start with the prosecutor (regular filing).
Edge cases & special laws: Always check the maximum imposable penalty (including qualifying circumstances). One qualifying fact can shift the case above the threshold and force PI.

What to submit (by pathway)

Direct filing in court (MTC/MTCC/MCTC)

Complaint (captioned for the proper court) signed and verified by the offended party or any peace officer authorized by law.
Judicial affidavits of complainant and witnesses (if the Summary Procedure applies, or per local standing orders).
Documentary/physical evidence (certified copies as needed).
Barangay Certificate to File Action (if required), or proof of an exception.
Filing fees (varies; criminal actions per se don’t carry docket fees, but civil liability claims may).

What the court does next: The judge personally evaluates the complaint and affidavits. If probable cause exists for a warrant, the court issues a warrant; if not, it may require additional evidence or dismiss.

Regular filing with the prosecutor (preliminary investigation)

Complaint-affidavit (subscribed and sworn before a prosecutor/authorized official).
Annexes: documentary/physical evidence; IDs; certifications required by special laws (e.g., consent/complaint in private crimes).
Proof of barangay conciliation or exception (if applicable).

Flow & timelines (typical):

Filing → prosecutor issues subpoena to respondent with copies of the complaint and annexes.
Counter-affidavit (verified) within the set period; replies/rejoinders if allowed.
Resolution: dismissal or filing of Information in court.
Motion for reconsideration or appeal to the Secretary of Justice (Rule on appeals) if aggrieved.

Inquest (warrantless arrests)

Police inquest package: arrest report, booking sheet, seizure inventory, sworn statements, spot report, and complainant’s inquest affidavit.
Inquest conference with the prosecutor (accused assisted by counsel).
Immediate resolution: file Information in court (or release pending regular PI).

Special triggers & prerequisites you must not miss

Private crimes: Adultery, concubinage, seduction, qualified seduction, acts of lasciviousness, and defamation imputing any of these—must be initiated upon complaint of the offended party (or proper relatives in seduction/acts of lasciviousness). Without this, the case cannot proceed (whether direct or regular filing).
Cybercrime/complexed offenses: Venue and penalty analysis can change because of qualifying circumstances (e.g., use of ICT). Re-compute the maximum penalty to know if PI is required.
Juveniles: Where the child in conflict with the law is involved, the Juvenile Justice and Welfare Act processes (diversion, intervention, social worker participation) overlay the filing pathway.
Search warrants vs. warrants of arrest: A search warrant application is a separate judicial process. A warrant of arrest follows a finding of probable cause against an accused in a criminal case (direct or regular pathway).
Prescription (statute of limitations): Filing with the proper body interrupts prescription: complaint with the prosecutor (for PI-cases) or in court (for direct-file cases).

Strategic pros & cons

Direct filing (court)

Pros:

Speed to judicial action (e.g., immediate restraining/protective writs where available; quicker warrant evaluation).
Useful for light offenses where the evidence is straightforward.

Cons:

No prosecutor screening—weak cases can be dismissed early, sometimes with cost in time/effort.
If you misjudge the penalty and PI is actually required, the case risks dismissal for wrong pathway.
You still face Summary Procedure constraints (e.g., bans on certain pleadings).

Regular filing (through prosecutor)

Pros:

Gatekeeping by the prosecution helps refine the case and avoid premature dismissal in court.
Inquest-to-PI continuity for warrantless arrests.

Cons:

Longer lead time before court process starts.
Two-stage litigation (prosecutor then court) can increase workload for complainants and counsel.

Inquest

Pros:

Fast: the accused can be charged and brought to court quickly.
Preserves public order where a suspect is caught in flagrante.

Cons:

High risk of procedural missteps (e.g., illegal arrest, defective inquest papers) that defense can later attack.
If the accused is released or posts bail, expect a full PI anyway.

How judges and prosecutors actually test your papers

Penalty test → determines pathway (direct vs regular).
Venue & jurisdiction → correct court? element occurred there?
Sufficiency of complaint/Information → elements alleged with particulars (who/what/when/where/how).
Admissibility & competence of annexes → originals/certified copies, chain of custody (e.g., drugs, firearms, digital evidence).
Conditions precedent → barangay conciliation; private-complaint requirement; agency clearances where required.
Probable cause → facts that would lead a person of ordinary caution to believe an offense was committed by the accused.

Defense lens: where cases break

Wrong forum/path (direct-filed when PI is required; or filed with a court lacking venue/jurisdiction).
Missing condition precedent (no barangay certificate where required; no offended-party complaint for private crimes).
Information defects (missing essential elements; vague dates/places where particularity matters).
Illegality upstream (warrantless arrest without legal grounds → fruits can be suppressed; inquest shortcuts without counsel).
Prescription not tolled by a wrong filing.

Quick decision tree (use this at intake)

Compute the max penalty (include qualifiers).
- ≥ 4y 2m 1d? → Regular filing (prosecutor for PI).
- < 4y 2m 1d? → Direct filing in MTC is allowed (but you may still opt to route through the prosecutor if practice demands).
Is there a warrantless arrest?
- Yes → Inquest (prosecutor may file immediately in court).
- No → follow 1).
Is barangay conciliation required?
- Yes → Secure Certificate to File Action (or document an exception).
- No → proceed.
Is it a private crime or special prerequisite case?
- Ensure proper complaint/consent is in the packet.
Venue check → An element happened there? If not, re-route.

Filing packets (templates/checklists)

A. Direct filing (MTC)

Verified Complaint (facts by ultimate elements; dates/places).
Judicial affidavits of complainant & witnesses.
Annexes: certified documents, photos, medical/legal reports.
Barangay Certificate to File Action (or exception).
ID copies of complainant; authority documents for corporate complainants.
Proof of service to accused (if required by local standing orders).
Prayer for issuance of warrant or summons.

B. Regular filing (Prosecutor—PI)

Complaint-affidavit (subscribed).
Annexes (numbered, paginated).
Witness affidavits (subscribed).
Barangay Certificate/exception.
Private-complaint prerequisite (if applicable).
Directory of parties’ addresses for subpoena service.

C. Inquest (Police/Complainant)

Arrest report & grounds for warrantless arrest.
Booking & inventory; chain-of-custody docs (for seized items).
Inquest affidavits (complainant/witnesses).
Turnover of evidence to inquest prosecutor.

Practical tips

When in doubt about the penalty, assume PI is required and start at the prosecutor—safer than risking dismissal for wrong pathway.
Compute penalty with qualifiers (e.g., using a deadly weapon, victim status, amounts in theft/estafa, ICT use). The qualifier can push the case over the PI threshold.
Mind the Rule on Summary Procedure: It limits pleadings and motions; don’t file what’s prohibited.
For digital evidence, prepare hash values, forensic extraction notes, and authenticating affidavits early.
Barangay conciliation: If an exception applies (e.g., parties live in different cities; offense excluded; government party; urgent relief), state it expressly in your complaint/affidavit.
Tolling prescription: File with the right body (court for direct-file, prosecutor for PI-cases) to stop the clock.

Bottom line

Direct filing is for lower-penalty cases (typically first-level court jurisdiction) and moves straight to a judge.
Regular filing is mandatory for PI-covered offenses (≥ 4 years, 2 months, 1 day), starting at the prosecutor.
Inquest is a post-arrest shortcut led by the prosecutor.
Your safest route is to compute the maximum penalty, check venue and conditions precedent (barangay, private-complaint rules), then pick the right on-ramp.

If you want, tell me the offense, key facts (including any qualifiers), and where it happened—I’ll map your correct filing pathway and draft a one-page, ready-to-file checklist tailored to your case.