Quick answer

To start a criminal case in the Philippines, ordinarily file a sworn complaint-affidavit, witness affidavits, supporting evidence, and the required National Prosecution Service Investigation Data Form with the Office of the City or Provincial Prosecutor that has territorial jurisdiction over the place where the crime—or an essential element of it—occurred.

Before filing:

Protect yourself and report any ongoing danger to the police.
Preserve the original evidence.
Check whether Katarungang Pambarangay conciliation is a required first step.
Confirm whether the case belongs instead with the Office of the Ombudsman or another agency under a special law.
Ask the receiving prosecution office for its current checklist, copy requirements, fees, office hours, and accepted filing channel.

A police blotter or incident report helps document and investigate the event, but it normally does not replace filing the required complaint with the prosecution office. Filing also does not guarantee an arrest, prosecution, or conviction. The prosecutor evaluates the evidence; if an Information is filed, the judge independently determines whether a warrant should issue.

Where should you begin?

Go to the police first when immediate investigation is needed

Report promptly to the nearest police station when:

the crime is happening or there is continuing danger;
the offender is unknown or must be located;
physical evidence, CCTV footage, digital records, weapons, or stolen property must be secured;
an injured person needs referral for medical or medico-legal examination;
lawful warrantless arrest may be possible; or
witnesses or evidence may disappear.

For violence involving women or children, ask for the Women and Children Protection Desk. Seek medical care immediately when needed; treatment and safety come before paperwork.

Ask for the incident or blotter reference and copies of documents you are legally entitled to receive. Keep in mind that the arresting agency—not the victim—normally prepares an inquest referral after a lawful warrantless arrest.

Check whether barangay conciliation is required

Under Sections 408 and 412 of the Local Government Code, prior barangay proceedings are generally required when the parties actually reside in the same city or municipality and the dispute falls within the Lupon’s authority. If settlement fails, obtain the appropriate Certificate to File Action and attach it to the prosecutor’s filing.

Barangay conciliation generally does not cover:

a case in which the government is a party;
a dispute involving a public officer’s official functions;
an offense punishable by imprisonment exceeding one year or a fine exceeding ₱5,000;
an offense with no private offended party;
certain disputes involving residents or real property in different cities or municipalities; or
other matters excluded by law.

Direct action is also allowed in situations identified by Section 412, including when the accused is detained, liberty is at issue, provisional relief is needed, or delay may cause the claim to prescribe.

While a covered dispute is in barangay proceedings, prescription is interrupted, but the statutory interruption cannot exceed 60 days from filing with the Punong Barangay. Do not let informal promises or repeated postponements consume a short prescriptive period.

Violence against women and their children is not a proper subject for compromise. The Supreme Court’s Rule on Violence Against Women and Their Children prohibits referring protection-order issues to mediation and prohibits compromise on acts constituting VAWC. Protection orders and the criminal complaint are distinct remedies and may require different filings.

File with the proper prosecution office

For an ordinary criminal complaint, use the City or Provincial Prosecutor’s Office covering the place where the offense or any essential ingredient occurred. DOJ directories list NCR prosecution offices and regional, provincial, and city prosecution offices.

Venue may require closer analysis when conduct occurred online, money moved through several places, documents were signed elsewhere, property crossed jurisdictions, or a special law provides a different venue. Confirm jurisdiction before filing because filing in the wrong office can cause serious delay.

Use the Office of the Ombudsman when appropriate

The Office of the Ombudsman may investigate and prosecute, on its own initiative or upon any person’s complaint, unlawful acts or omissions of public officers and employees. It has primary jurisdiction over cases cognizable by the Sandiganbayan. Its own rules and filing requirements apply, especially where the conduct is connected with public office or involves alleged conspiracy with private persons.

An offense involving a public employee does not automatically belong exclusively to the Ombudsman. The official’s position, salary grade, alleged act, connection to official duties, offense charged, and court jurisdiction matter.

Special laws may also assign investigative authority to agencies such as the COMELEC, BIR, Bureau of Customs, or other specialized bodies.

What to prepare

1. Complaint-affidavit

A complaint-affidavit is a sworn written account charging the respondent with an offense. It should contain:

the complainant’s full name, address, and contact details;
each respondent’s name and last known address;
the date and place of every material incident;
a clear chronological account of what happened;
what each respondent personally did or failed to do;
the facts supporting every element of the suspected offense;
the identities and personal knowledge of witnesses;
the injury, loss, or other harm caused;
references to each attached document, photograph, recording, or object;
any related barangay, police, administrative, civil, or criminal proceeding; and
the relief requested, usually investigation and filing of the proper charge if warranted.

Use numbered paragraphs and ordinary language. State what you personally saw, heard, received, paid, signed, or did. Identify information learned from another person instead of presenting it as firsthand knowledge.

The exact statutory label matters, but the facts matter more. If the correct offense is uncertain—such as whether conduct is estafa, qualified theft, falsification, cybercrime, or only a civil breach—obtain legal advice instead of forcing the facts into an inaccurate charge.

Do not sign until the affidavit is complete. It must be sworn before a prosecutor or another government officer authorized to administer oaths, or, when they are absent or unavailable, before a notary public. Never include an allegation you know is false.

2. Witness affidavits

Each witness should provide a separate sworn affidavit limited to matters within that witness’s personal knowledge. Include enough detail to explain:

where the witness was;
how the witness could see, hear, or otherwise perceive the event;
the relevant words or actions observed; and
how the witness identifies the respondent or evidence.

A witness who merely repeats what the complainant said may add little unless the repeated statement is independently relevant and legally admissible.

3. Supporting evidence

Attach all evidence needed to establish both the offense and the respondent’s identity. Depending on the case, this may include:

contracts, receipts, invoices, checks, demand letters, and proof of delivery;
bank or electronic-wallet records obtained from a reliable source;
medical certificates, treatment records, photographs, and medico-legal reports;
CCTV footage and information identifying its custodian;
emails with complete headers;
chat exports, URLs, account identifiers, timestamps, and unedited screenshots;
call logs, recordings lawfully obtained, and original media files;
titles, tax declarations, inventories, or proof of ownership;
police reports, arrest documents, or investigation reports;
public records or certified copies; and
the Certificate to File Action when barangay conciliation was required.

Label attachments consistently—such as Annex “A,” Annex “B,” and so on—and refer to those labels in the affidavit.

The current DOJ standard is prima facie evidence with reasonable certainty of conviction: the evidence must be admissible, credible, preservable, and capable of establishing all elements of the offense and the responsible person’s identity. The Supreme Court upheld this standard in Meking v. Remulla, G.R. No. 280455.

4. Required forms and copies

Under the 2024 DOJ-NPS rules, the filing generally includes:

the original complaint-affidavit;
two duplicate copies for the official file;
one complete copy for each respondent;
witness affidavits and all annexes in the corresponding sets; and
a duly accomplished NPS Investigation Data Form, under oath when the applicable rule or form requires it.

A local office’s current Citizen’s Charter may require additional administrative copies or documents. Confirm the checklist before reproducing a large record. The DOJ provides NPS forms and a general filing checklist.

How to preserve evidence properly

Keep original files, devices, documents, envelopes, receipts, and storage media.
Do not crop, annotate, enhance, rename, or overwrite the only copy of a digital file.
Back up evidence to at least two secure locations while retaining the original.
Record when, where, and from whom each item was obtained.
Export complete conversations when possible rather than preserving only selected screenshots.
Save the account name, profile link, URL, date, time, and surrounding context of online material.
Request CCTV preservation immediately because systems may overwrite recordings.
Keep proof that demand letters, notices, or other communications were sent and received.
Do not secretly access another person’s account, device, or private records without legal authority.
Avoid posting accusations or sensitive evidence publicly. Publication can endanger witnesses, violate confidentiality, prejudice the investigation, or create a separate legal problem.

For evidence held by a bank, platform, telecom company, employer, hospital, or government office, consult investigators or counsel about preservation requests, subpoenas, warrants, consent, and data-privacy restrictions.

Filing step by step

Identify the correct office. Confirm territorial jurisdiction and whether the case belongs to the regular prosecution office, Ombudsman, or a specialized agency.
Complete any required barangay process. Obtain the correct certificate if conciliation fails or document why an exception applies.
Finalize the affidavits and annexes. Check names, addresses, dates, page numbers, signatures, and consistency across all copies.
Take the oath properly. Bring valid identification and do not sign an incomplete affidavit.
Submit the complete sets. Initial filing is ordinarily made through the prosecution office’s authorized receiving or docket section. Do not assume that ordinary email is valid filing. Virtual proceedings and electronic submissions are alternatives only under the governing rules and the prosecutor’s written directions.
Pay only officially assessed charges. Ask for the applicable NPS fee schedule and an official receipt. Do not make unofficial payments.
Obtain proof of filing. Keep a stamped receiving copy, docket or investigation number, filing date, receipt, and the receiving office’s contact details.
Monitor notices. Notify the office promptly and in writing of any change of address, email, or telephone number. Missing a notice can delay the case or waive an opportunity to respond.
Attend when directed. Bring originals for comparison or identification. Be prepared to answer the prosecutor’s clarificatory questions truthfully.

Which investigation procedure applies?

The applicable track depends mainly on the penalty prescribed by law and the court that has original jurisdiction.

Procedure	General coverage	Important features
Summary investigation	Imprisonment from one day to one year, a fine regardless of amount, or both	Ex parte evaluation based on the complainant’s filing; the prosecutor immediately recommends dismissal or prepares the Information. No motion for reconsideration is entertained under DOJ Circular No. 028.
Expedited preliminary investigation	Imprisonment from one year and one day to six years, when the case falls exclusively within a first-level court’s jurisdiction	The assisting prosecutor initially checks form and completeness within three calendar days. Case build-up, when necessary, must generally be completed within 20 calendar days. If a subpoena is issued, the hearing is set within the prescribed 15-calendar-day window. Reply- and rejoinder-affidavits are not ordinarily entertained.
Regular preliminary investigation	Generally, offenses punishable by at least six years and one day; also certain offenses with a lower penalty that are, by law, cognizable by an RTC	The prosecutor conducts a fuller affidavit-based investigation. The respondent receives the complaint and may submit a counter-affidavit. Clarificatory hearings may be held when necessary.

For regular preliminary investigation, the prosecutor generally has five calendar days from receipt of the complete record to recommend initial dismissal or issue subpoenas. The scheduled hearing must not exceed 30 days from receipt of the complete record, and the respondent must receive at least 10 days to prepare after receiving the subpoena and complaint.

Regular preliminary-investigation complaints are generally to be resolved within 60 calendar days from assignment, with a maximum 30-day extension in specified categories such as capital offenses, complex issues, countercharges, consolidated related complaints, or reassignment.

These periods regulate official processing; they do not guarantee that every case will be completed on the exact date, particularly when records are incomplete, service fails, or authorized extensions apply. The governing issuances are DOJ Department Circular No. 015, series of 2024 and Department Circular No. 028, available through the DOJ’s issuances page. The Supreme Court recognized the DOJ’s authority over prosecutorial investigations in A.M. No. 24-02-09-SC.

What happens after filing?

The prosecution office checks the complaint’s form, completeness, jurisdiction, and evidentiary basis. Depending on the applicable procedure, it may:

require missing evidence or case build-up;
dismiss the complaint at the initial evaluation;
resolve a summary case from the complainant’s evidence;
issue subpoenas and receive a counter-affidavit;
conduct a physical or authorized virtual clarificatory hearing;
dismiss the complaint after investigation; or
prepare a resolution and Information for approval and filing in court.

If an Information is filed, the case is prosecuted in the name of the People of the Philippines under the prosecutor’s direction and control. The judge then independently evaluates judicial probable cause. A warrant is not automatic and may be unnecessary in circumstances recognized by the Rules of Criminal Procedure.

A preliminary-investigation dismissal under the regular rules is generally without prejudice and may be revisited when genuinely new or additional evidence is produced through further case build-up. Refiling must still comply with prescription, due process, and any applicable finality rules.

If the complaint is dismissed

Act immediately upon receiving the resolution:

In a regular preliminary investigation, an aggrieved party may file a motion for reconsideration within 15 days from receipt.
In an expedited preliminary investigation, the deadline is 10 calendar days from receipt.
In a summary investigation, DOJ Circular No. 028 does not allow a motion for reconsideration.

A petition for review or another remedy may be available depending on the issuing office, the court with jurisdiction, whether reconsideration was sought, and the applicable DOJ or special-agency rules. Filing a review does not automatically stop court proceedings; the 2024 rules require attention to a corresponding motion to suspend proceedings when applicable. Obtain counsel immediately because choosing the wrong remedy or missing the deadline can be fatal.

Do not wait for the prescriptive period

Prescription is the deadline after which the State may lose the right to prosecute. The correct period depends on the specific offense, prescribed penalty, governing statute, date of commission or discovery, interruptions, and later termination of proceedings.

Under the Revised Penal Code, some periods are very short: light offenses generally prescribe in two months; oral defamation and slander by deed in six months; and libel or similar offenses in one year. Other Code offenses generally carry periods of five, 10, 15, or 20 years depending on the prescribed penalty. Republic Act No. 4661 contains the amended Article 90 periods.

For offenses under special laws that do not supply their own period, Act No. 3326 generally provides periods of one, four, eight, or 12 years depending on the prescribed punishment, while municipal-ordinance violations generally prescribe in two months. A special law may provide a different rule.

In People v. Consebido, G.R. No. 258563, the Supreme Court ruled prospectively that filing the criminal complaint with the DOJ tolls prescription even for offenses covered by expedited first-level-court procedures. This does not revive a case that had already prescribed before filing.

Never calculate prescription from memory. Consult counsel promptly if the incident is old, repeated over time, concealed, committed online, governed by a special law, or previously filed and dismissed.

Common mistakes

Treating a police blotter as the completed prosecutor’s complaint.
Filing in the wrong city, province, court, or agency.
Skipping mandatory barangay conciliation.
Waiting for negotiations while prescription continues to run.
Submitting conclusions without facts proving every element of the offense.
Omitting the respondent’s usable last known address.
Attaching selected screenshots without the complete conversation or original files.
Relying entirely on hearsay.
Altering, cropping, or losing original evidence.
Giving inconsistent dates or amounts across affidavits and annexes.
Withholding related cases or prior filings.
Assuming an affidavit of desistance automatically ends the case.
Ignoring a prosecutor’s notice because the complainant has moved or changed contact details.
Posting accusations online or confronting the respondent in a way that risks safety or evidence.
Paying unofficial “facilitation” charges.

When legal help is urgent

Speak with a Philippine lawyer immediately when:

anyone is in danger, detained, missing, being threatened, or pressured to withdraw;
the victim is a child or the case involves sexual violence, trafficking, domestic violence, or exploitation;
the alleged offender is a police officer, prosecutor, judge, elected official, or other public officer;
evidence may be erased, transferred, destroyed, or taken abroad;
substantial funds, land, corporate records, cryptocurrency, or multiple jurisdictions are involved;
a short prescriptive period may be running;
the prosecutor has issued an adverse resolution;
you received a subpoena, countercharge, or notice of a court filing;
the same events may create civil, administrative, labor, tax, or regulatory liability; or
you are being asked to sign a waiver, settlement, desistance, or Article 125 waiver that you do not fully understand.

Qualified persons may ask the Public Attorney’s Office to screen their request for assistance. The Integrated Bar of the Philippines also maintains legal-aid contact information and a chapter directory. Eligibility, conflicts, available services, and case assessment apply.

Frequently asked questions

Is a lawyer required to file?

A complainant may execute and file a complaint-affidavit without private counsel. Legal help is strongly advisable when the offense, venue, evidence, prescription, or required agency is uncertain. Prosecutors evaluate cases for the State; they do not necessarily serve as the complainant’s personal lawyer for every related interest.

Can I file if I do not know the offender’s complete identity?

Yes, investigation may begin even when the offender’s true name is unknown, but the person must be described and connected to the offense as specifically as possible. Report to law enforcement first when identification, account tracing, surveillance review, or technical investigation is needed.

Are screenshots enough?

Sometimes they are useful, but screenshots alone may not establish authenticity, context, account ownership, or the complete exchange. Preserve original files, URLs, headers, timestamps, devices, exports, and evidence connecting the account to the respondent.

Will the respondent be arrested as soon as I file?

Usually not. Filing begins prosecutorial evaluation. A judge ordinarily issues a warrant only after an Information is filed and the judge independently finds probable cause, unless a lawful warrantless arrest has already occurred.

Can I withdraw the complaint later?

You may communicate a genuine change of position through a properly executed affidavit when allowed, but a criminal offense is prosecuted in the name of the People. Desistance does not automatically erase the offense or require dismissal, and compromise or desistance is prohibited or restricted in some cases.

Can I recover money or damages through the criminal case?

The civil action arising from the charged offense is generally deemed instituted with the criminal action unless it was waived, reserved for separate filing, or previously filed, subject to special rules and exceptions. Discuss the civil claim before making a reservation or accepting payment, particularly in bouncing-check, fraud, property, injury, or death cases.

Official references

This article provides general Philippine legal information, not legal advice or a prediction about any case. Requirements may differ under special laws and local office procedures. The governing sources and procedures were checked as of July 28, 2026.