(A practical legal article for Philippine practice—what it is, when it’s used, what it must contain, and how to file it.)

1) What an “Affidavit of Complaint” is (and what it is not)

What it is

In the Philippines, an Affidavit of Complaint is a sworn statement (executed under oath before an authorized officer, usually a notary public) where the complainant narrates facts showing that a crime may have been committed and identifies the person/s responsible (the respondent/s), asking the government to investigate and prosecute.

It commonly serves as the initiating pleading for criminal cases handled through:

Preliminary investigation (usually filed with the Office of the City/Provincial Prosecutor), or
Inquest (for warrantless arrests; filed/processed quickly while the suspect is detained), or
Police blotter / complaint intake (often a starting step, though prosecutors still require sworn submissions for formal filing).

What it is not

It is not the same as a civil complaint (which is a court pleading with different formal requirements).
It is not a substitute for a police report; it is your own sworn narration of facts.
It is not automatically a criminal case in court. It usually starts the investigation stage; the prosecutor decides whether to file an Information in court.

2) When you should prepare an Affidavit of Complaint

You typically prepare one when:

You want to file a criminal complaint (e.g., estafa, theft, physical injuries, threats, cybercrime offenses, violations of special laws).
The police/prosecutor requires a sworn statement detailing the incident and your evidence.
You anticipate the respondent may deny the incident and you need a coherent record early.

Situations where another route may apply first (Barangay conciliation)

For many disputes between individuals in the same city/municipality, Katarungang Pambarangay (barangay conciliation) may be required before going to court/prosecutor—especially for disputes that are essentially personal/community conflicts. However, there are exceptions, such as (commonly) when:

Immediate action is needed (e.g., urgent protection, safety),
The respondent is outside the barangay/municipality (depending on rules),
The case involves certain serious offenses or circumstances, or
Government is a party, among other recognized exceptions.

Practical takeaway: Some prosecutors will ask for proof of barangay proceedings (or an explanation why not required) for certain interpersonal disputes. If you’re unsure, you can still draft the affidavit; it will be useful whether you file at the barangay, police, or prosecutor.

3) Where to file (Philippine setting)

A. Office of the City/Provincial Prosecutor (most common for formal criminal complaints)

You submit:

Affidavit of Complaint
Supporting affidavits of witnesses (if any)
Documentary / object evidence (attachments)
Any required forms (varies by office)

This starts preliminary investigation (for offenses requiring it).

B. Police / Women and Children Protection Desk (WCPD) / Cybercrime units

Police may:

Take your statement,
Help you prepare a complaint-affidavit format,
Gather initial evidence, and
Refer you for prosecutorial filing.

C. Inquest (if the suspect was arrested without a warrant)

If the respondent is detained from a warrantless arrest, the matter may proceed by inquest. The prosecutor evaluates whether detention and filing are proper, often on tight timelines.

4) The legal function of the affidavit: “probable cause” and elements of the offense

Your affidavit should help the prosecutor answer: Is there probable cause to believe a crime was committed and the respondent is probably guilty?

That means your affidavit must clearly present:

Facts (who, what, when, where, how), and
Facts that match the elements of the offense you’re alleging.

You do not need to write like a textbook, but you should avoid a purely emotional account. Prosecutors look for specifics and supporting proof.

5) Core parts of an Affidavit of Complaint (recommended structure)

Below is a practical structure that works across most prosecutor offices.

(1) Title / Caption

Common format:

“AFFIDAVIT OF COMPLAINT”
Sometimes: “RE: Complaint for [Offense] against [Respondent]”

Some offices prefer a case-style caption (People of the Philippines vs. …) at later stages; for complaint-affidavits, a simple title is usually acceptable unless a local template is required.

(2) Personal circumstances of the affiant (complainant)

Include:

Full name
Age
Citizenship
Civil status (optional but common)
Address
Occupation (optional)
Government ID details are usually shown to the notary, not written in the affidavit unless required by the office/notary.

(3) Statement of oath and competence

Typical wording:

“After having been duly sworn in accordance with law, I hereby depose and state:”

(4) Numbered narration of facts (the heart of the affidavit)

Write in numbered paragraphs. Include:

Your relationship to the respondent (if any)
Background facts needed to understand the incident
The incident details: date, time, place
What the respondent specifically did or said
What you did in response
What happened after (injuries, losses, threats, damages)
How you know the facts (personal knowledge; if not, say the source and attach proof)

Best practice:

Separate facts from conclusions.
Use direct quotes for threats/insults when relevant.
If a timeline matters, write it chronologically.

(5) Evidence and attachments (mark as Annexes/Exhibits)

List and attach evidence, for example:

Screenshots (with context: URL/account name, date/time if available)
Chat logs / emails
Demand letters and replies
Medical certificates, medico-legal reports, photos of injuries
Receipts, invoices, proof of payment
CCTV request letters / still images
Affidavits of witnesses
IDs, authorization letters (when filing for a company or another person)

Label them clearly:

Annex “A”, Annex “B” … (or Exhibit “A,” etc.) Then refer to them in your narration:
“A true copy of the screenshot is attached as Annex ‘A’.”

(6) Identification of witnesses

Name witnesses and what they can testify to. If possible, attach their sworn affidavits.

(7) The offense(s) alleged and “prayer”

State what you’re asking for, e.g.:

“I am executing this affidavit to file a complaint for [offense/s] and for the filing of the appropriate charges against [respondent].”

You don’t have to be perfect about the legal label, but it helps to be consistent with the facts.

(8) Signature block

Sign above printed name. Some offices want each page initialed.

(9) Jurat (notarization / oath)

This is completed by the notary (or authorized administering officer). Your affidavit is not truly “sworn” unless properly notarized/administered.

6) Notarization in the Philippines: practical rules you must follow

To notarize an affidavit:

You must personally appear before the notary.
You must present competent proof of identity (valid government-issued ID/s).
You must sign in the notary’s presence (or acknowledge a signature, depending on the notarial act).
The notary completes the jurat (the “SUBSCRIBED AND SWORN…” portion).

Common pitfall: pre-signing pages at home and asking the notary to “just notarize.” Many notaries will refuse, and properly so.

7) Drafting style rules that make affidavits stronger (and more believable)

Use specifics, not adjectives

Weak: “He violently attacked me.” Strong: “He punched me once on my left cheek using his right fist, causing swelling and pain.”

Prefer “I saw / I heard / I received” over “I believe”

Affidavits are strongest when grounded in personal knowledge.

Be consistent with dates/times and attach proof

If you claim you messaged at 9:00 PM, attach the message thread showing the timestamp.

Keep it readable

Number paragraphs
Short sentences
One event per paragraph
Avoid unnecessary ALL CAPS (except titles)

8) Special situations (Philippine practice)

A. Unknown respondent (“John Doe”)

If you don’t know the full identity, state:

What you know (nickname, description, account handle, phone number, vehicle plate number, workplace)
How the person can be identified Attach proof.

B. Corporate complainant

If a company is the complainant, the affiant should state authority and attach:

Board resolution / secretary’s certificate, or
Special power of attorney / authorization, as applicable.

C. Representative complainant (filing for someone else)

Explain your relation and authority (e.g., parent for minor child, guardian) and attach documents when needed.

D. Cyber-related complaints

Add technical identifiers when available:

URLs, usernames, profile links, email addresses, phone numbers
Dates/times of posts/messages
How you preserved evidence (screenshots, downloads)
If you requested platform preservation or reported the account

9) Common reasons complaints get dismissed or delayed

Purely conclusory statements (“He defrauded me”) with no factual detail.
Missing essentials: date, place, specific act, identity of respondent.
No attachments despite claiming documents exist.
Affidavit not properly sworn / defective notarization.
Inconsistencies between affidavit and annexes.
Filing the wrong forum first (e.g., barangay conciliation issues, where applicable).
Treating a civil dispute as criminal without facts showing criminal intent (this is a frequent issue in business/payment conflicts).

10) Step-by-step workflow (from drafting to filing)

Write a timeline of events (rough notes).
Identify the offense candidate (or at least the wrongdoing) and the key elements.
Draft the affidavit in numbered paragraphs, attach annexes.
Prepare witness affidavits (if any).
Print and sign before the notary; bring valid IDs.
Make multiple copies (some offices require sets for respondent/service).
File with the proper office (Prosecutor / Police / inquest as applicable).
Monitor schedules: subpoenas, clarificatory hearings, resolution release.
Keep your originals, receipts, and stamped receiving copies.

11) Template: Affidavit of Complaint (general Philippine format)

AFFIDAVIT OF COMPLAINT

I, [Full Name], of legal age, [Filipino], [civil status], and residing at [Address], after having been duly sworn in accordance with law, hereby depose and state that:

I am executing this Affidavit to file a complaint against [Respondent Full Name / Identifiers] for [offense/s, if known], and to narrate the facts of the incident.

[Background/relationship and context.]

On [date] at around [time], at [place], the respondent [specific act/s—what respondent did, exact words if relevant].

As a result, [injury/loss/damage/threat/fear]. [If physical injury: describe and mention medical consult; attach medical documents.]

After the incident, I [reported to, sought medical attention, demanded payment, preserved evidence, etc.].

I am attaching the following documents to support this complaint:

Annex “A” – [description]

Annex “B” – [description]

Annex “C” – [description]

[Witness/es] witnessed / have knowledge of the incident, namely: [name/s]. [If available: Their affidavits are attached as Annexes.]

I am willing to appear in proceedings and testify to the truth of the foregoing matters.

WHEREFORE, I respectfully request that the appropriate charges be filed against the respondent and that such other reliefs as are just and equitable be granted.

IN WITNESS WHEREOF, I have hereunto set my hand this [date] in [City/Municipality], Philippines.

[Signature] [Printed Name] Complainant-Affiant

SUBSCRIBED AND SWORN TO before me this [date] in [City/Municipality], affiant exhibiting to me [type of ID] with ID No. [number] and validity date [date].

[Notary Public / Administering Officer] Doc No. ____; Page No. ____; Book No. ____; Series of ____.

(Note: Notarial entries vary by notary’s register practice. Let the notary handle the jurat details.)

12) Practical checklists

Minimum factual checklist (don’t file without these)

Full identity/identifiers of respondent (as much as you can)
Date, time, and place of incident
Specific acts and your basis of knowledge
Clear harm or threatened harm
Attachments that corroborate key claims
Proper oath/notarization

Evidence checklist (high-impact annexes)

Screenshots with visible identifiers and timestamps
Receipts, proof of transfer/payment, contracts
Medical certificate / medico-legal
Photos of injuries/damage
CCTV references (if obtainable)
Witness affidavits

13) A final caution you should treat seriously

An affidavit is sworn under oath. False statements can expose an affiant to liability (including for perjury) and can damage credibility and the complaint’s viability. Draft carefully, attach what you claim exists, and keep your story factual, consistent, and complete.

If you want, paste the facts of your situation (a rough timeline + what evidence you have), and I’ll reshape it into a clean affidavit-of-complaint draft with proper numbering and annex references.