Quick answer

To file a criminal complaint in the Philippines, prepare a sworn complaint-affidavit and supporting evidence, then file them with the prosecution office that has territorial authority over the place where the offense—or an essential element of it—occurred. You may first report the incident to the police or another appropriate law-enforcement agency if investigation, arrest, forensic examination, or evidence-gathering is needed.

A police blotter is useful evidence of an early report, but it is not ordinarily a substitute for the formal complaint-affidavit required by the prosecutor.

Before filing, check whether:

Barangay conciliation is a required first step;
The case belongs before the DOJ–National Prosecution Service, the Office of the Ombudsman, COMELEC, or another specialized agency;
Someone has been lawfully arrested without a warrant, in which case the case normally proceeds through inquest; and
A short prescriptive period or urgent safety concern requires immediate action.

Filing a complaint does not automatically produce an arrest warrant or a criminal trial. The prosecutor evaluates whether the evidence meets the applicable standard. If the prosecutor approves the charge, the prosecutor—not the private complainant—files an “Information” in court. A judge then independently determines whether judicial probable cause exists for an arrest warrant.

Understand what you are filing

Under Rule 110, a complaint is a sworn written statement charging a person with an offense, signed by the offended party, a peace officer, or another authorized public officer. An Information is the formal accusation signed by a prosecutor and filed in court. Criminal cases are prosecuted in the name of the People of the Philippines and under the prosecutor’s direction and control. See the Revised Rules of Criminal Procedure.

Before an Information is filed, the person complained against is called the respondent. Once charged in court, that person is the accused.

The complainant’s task is to present truthful, specific facts and usable evidence. It is not enough to state conclusions such as “the respondent scammed me” or “the respondent threatened me.” The affidavit should describe the acts, words, dates, places, participants, and resulting harm that support every element of the suspected offense.

Choose the correct first stop

Go to the police immediately when safety or evidence is at risk

Contact the nearest police station—or dial the free, nationwide Unified 911 emergency line—if:

Violence is occurring or there is an immediate threat to life or safety;
A suspect may still be arrested lawfully without a warrant;
Someone needs urgent medical attention;
A weapon, stolen property, drugs, CCTV recording, or other evidence may disappear;
The offender is fleeing;
A child or vulnerable person is in danger; or
A crime scene must be secured or examined.

Unified 911 connects callers to police, fire, medical, and rescue services and operates 24/7, according to the Department of the Interior and Local Government.

Ask for the incident or blotter reference, the investigator’s name and contact details, and information about the next step. Obtain a medical examination promptly when injuries, sexual violence, poisoning, or psychological harm may be relevant.

File with the proper prosecution office

For most ordinary cases under the National Prosecution Service, file with the city or provincial prosecution office serving the place where the crime or an essential element occurred. DOJ maintains directories for regional, city, and provincial prosecutors and separate NCR prosecution offices.

Venue can be complicated when conduct occurred in several places, online, aboard a vehicle or vessel, or outside the Philippines. Do not choose an office merely because it is convenient or because the complainant lives there. Ask the receiving prosecutor or a lawyer to confirm venue when the location is uncertain.

Rule 110 still permits direct filing in a first-level court in certain cases not requiring preliminary investigation. In Manila and other chartered cities, however, complaints generally must be filed with the prosecutor unless the city charter provides otherwise. Because direct-court filing depends on the offense, venue, court rules, and local charter, confirm the route with the clerk of court or prosecution office before relying on it.

Use the specialized forum when the law requires it

The DOJ–NPS process does not control every criminal complaint. For example:

Complaints involving illegal or improper acts of public officers may fall within the investigatory authority of the Office of the Ombudsman, which has primary jurisdiction over cases cognizable by the Sandiganbayan. See the Ombudsman Act and the Office of the Ombudsman filing portal.
COMELEC has special authority and procedures for election offenses. Its official process states that an election-offense complaint may be filed with COMELEC or, where permitted, through a prosecutor’s office. See the COMELEC filing process.
Tax, customs, environmental, cybercrime, trafficking, child-protection, and other special-law cases may require an agency referral, authorization, or specialized evidence.

Filing in the wrong office can cause delay and may become serious if the offense is close to prescription.

Check whether barangay conciliation is required

Katarungang Pambarangay is generally a condition before filing a covered dispute with a prosecutor or court when the individual parties actually reside in the same city or municipality.

It does not cover, among other matters:

An offense punishable by imprisonment exceeding one year or a fine exceeding ₱5,000;
An offense with no private offended party;
A dispute involving the government;
A dispute involving a public officer’s performance of official functions;
A complaint by or against a corporation, partnership, or other juridical entity;
Parties residing in different cities or municipalities, unless their barangays adjoin and they agree to submit the dispute;
Cases in which the accused is detained;
Proceedings requiring habeas corpus or urgent provisional relief;
An action that may otherwise be barred by prescription; and
Other exclusions created by law.

The controlling provisions are Sections 408 and 412 of the Local Government Code, supplemented by the Supreme Court’s Katarungang Pambarangay guidelines.

If barangay conciliation applies:

File the dispute with the proper barangay.
Attend the required personal confrontation and conciliation proceedings.
If no settlement is reached, obtain the properly issued Certification to File Action.
Attach the certification to the complaint-affidavit filed with the prosecutor or court.

Do not accept an informal barangay note if the law requires the prescribed certification. The barangay process interrupts prescription for no more than 60 days from filing with the Punong Barangay, so monitor dates carefully.

Proceedings for protection under the Anti-VAWC Act are different. Barangay officials and courts must not force a protection-order applicant to compromise or abandon relief, and the ordinary Local Government Code conciliation provisions do not apply to those protection proceedings. A Barangay Protection Order may also be sought separately from a criminal complaint. See Republic Act No. 9262 and the Philippine Commission on Women’s guidance.

Identify the applicable DOJ investigation track

For complaints filed with an NPS prosecution office, the prescribed maximum penalty and the court that has jurisdiction generally determine the process.

Investigation track	General coverage
Summary investigation	Offenses punishable by one day to one year, a fine regardless of amount, or both
Expedited preliminary investigation	Offenses punishable by one year and one day to six years that fall exclusively within first-level court jurisdiction
Regular preliminary investigation	Offenses punishable by at least six years and one day, regardless of the fine; also cases that are by law cognizable by the Regional Trial Court

The governing issuances are DOJ Department Circular No. 015, the 2024 DOJ–NPS Rules on Preliminary Investigations and Inquest Proceedings, and Department Circular No. 028 on summary and expedited investigations, available through the DOJ’s official issuances page.

The Supreme Court has upheld Department Circular No. 015 and confirmed that it governs prosecutorial preliminary investigations and inquests within the National Prosecution Service. See Meking v. Remulla, G.R. No. 280455.

The prosecutor applies the standard of prima facie evidence with reasonable certainty of conviction. In practical terms, the available evidence must be credible, admissible, capable of preservation and presentation, and sufficient—if uncontroverted—to establish the elements of the offense and identify the responsible person. This is a screening standard for prosecution; guilt at trial must still be proved beyond reasonable doubt.

Preserve the evidence before drafting

Create a secure evidence folder and an inventory showing what each item is, who obtained it, and when and where it came from.

Depending on the case, preserve:

The original document, contract, receipt, cheque, invoice, demand letter, or acknowledgment;
Full message threads, emails, call logs, account names, URLs, transaction references, and timestamps;
Original photographs, audio, and video files, including metadata where available;
CCTV footage requested promptly from the owner or custodian;
Bank, e-wallet, remittance, delivery, and platform records obtained lawfully;
Medical certificates, clinical records, prescriptions, laboratory results, and photographs of injuries;
Police reports, traffic sketches, scene photographs, and forensic reports;
Proof of ownership and a detailed inventory and value of missing or damaged property;
Names, addresses, and contact details of witnesses;
Birth certificates or reliable proof of age when a child is involved;
Death certificates and available post-mortem records in death cases; and
The barangay Certification to File Action, when required.

Keep original files and devices. Make working copies instead of editing the originals. Avoid cropping screenshots so tightly that the account name, date, URL, or surrounding conversation disappears. Do not delete unfavorable messages; completeness can affect credibility.

Do not trespass, impersonate another person, access an account without authority, or secretly obtain protected records merely to strengthen a case. Evidence gathered unlawfully may create a separate legal problem.

Prepare the complaint-affidavit

A useful complaint-affidavit ordinarily contains:

The filing office and parties. State the complainant’s and respondent’s full names and complete addresses. If the respondent’s exact name or address is unknown, give every lawful identifying detail and explain what is unknown.
The complainant’s capacity. Explain whether the complainant is the victim, an authorized representative, a law-enforcement officer, or another person authorized by law.
A chronological account. State what happened in numbered paragraphs. Include the approximate date and time, exact or best-known place, words spoken, acts done, property or money involved, and the participation of each respondent.
Personal knowledge and sources. Separate what the affiant personally saw, heard, received, or did from information supplied by another person. Have witnesses execute their own affidavits whenever possible.
The resulting harm. Describe injuries, financial loss, threats, property damage, or other consequences without exaggeration.
Supporting evidence. Identify each attachment in the narrative and label it consistently, such as Annex “A,” “B,” and so on.
The requested action. Ask that the respondent be investigated and charged with the offense or offenses supported by the facts and evidence. If unsure of the correct statutory label, prioritize a complete factual narrative rather than forcing the facts into an incorrect charge.
The oath or jurat. Sign and swear to the affidavit before a prosecutor or government official authorized to administer oaths, or, in their absence or unavailability, a notary public. Do not sign a jurat without personally appearing before the administering officer.

Write in a language you understand. If someone else prepared the document, read every paragraph and check every attachment before swearing to it. A knowingly false sworn statement may expose the affiant to criminal liability.

Assemble the filing set

Under the current DOJ rules, the usual filing set includes:

The original complaint-affidavit;
Two duplicate copies for the official file;
An additional copy for every respondent;
A duly accomplished and sworn NPS Investigation Data Form;
Witness affidavits;
All supporting evidence; and
Any case-specific requirement, including a barangay certification, medical certificate, police investigation report, proof of age, property inventory, forensic result, or agency authorization.

The DOJ’s published filing checklist contains additional document requirements for particular offenses. Some prosecution offices may maintain operational checklists asking for more copies than the baseline stated in the newer circulars. Contact the actual receiving office before filing and follow its current, officially published intake instructions.

Prepare an index of annexes. Use legible copies and bring the originals for comparison if requested. Ask whether a valid identification document, electronic copy, storage media, or specific paper format is required.

File and document the submission

At the prosecution office:

Present the complete filing set to the receiving or docket section.
Ask staff to check whether the complaint is being received under the correct office and investigation track.
Pay only an officially assessed fee, if any, and obtain an official receipt.
Obtain a receiving copy bearing the date, stamp, docket number, and list of documents received.
Record the office, docket number, assigned contact channel, and date of filing.
Keep your address, email, and phone number current so that notices are not missed.
Never give the only original of irreplaceable evidence without obtaining a documented acknowledgment.

Electronic filing and virtual proceedings are alternatives only when authorized and arranged by the prosecution office. Under the regular virtual procedure, affidavits must first be properly sworn, sent as legible PDF files to the official addresses stated in the prosecutor’s order, and followed by hard copies and the required verified declaration. A password-protected, corrupted, executable, non-PDF, or illegible file may be treated as not filed.

Do not send a complaint to an email address found in an unofficial social-media post. Confirm the address with the prosecution office.

What happens after filing

Regular preliminary investigation

Before docketing, the head of the prosecution office checks the complaint’s form and the completeness of the evidence and may require missing material.

Once the complete records are assigned, the investigating prosecutor generally has five calendar days to recommend dismissal for lack of ground to continue or issue subpoenas. The hearing date must not be more than 30 days from the prosecutor’s receipt of the complete records. The respondent must receive at least 10 days from receipt of the subpoena and complaint to prepare a counter-affidavit.

If properly notified at the last known address, a respondent who fails without justification to appear or submit a counter-affidavit may lose the opportunity to controvert the complaint, and the case may be resolved on the complainant’s evidence.

The prosecutor may conduct a physical or virtual clarificatory hearing. A reply-affidavit is appropriate only when required to answer new, material matters; the respondent must then be allowed a rejoinder. The response period for a reply or rejoinder may not exceed 10 calendar days from receipt of the pleading being answered.

Regular preliminary-investigation complaints should be resolved within 60 calendar days from assignment. A maximum 30-day extension is allowed for specified situations, including capital offenses, complex issues, countercharges, consolidation of related complaints, and reassignment. These are official action periods, not a guarantee that every party will receive a final resolution on exactly that date.

Expedited preliminary investigation

The assisting prosecutor initially evaluates form and completeness within three calendar days. If the complaint or evidence is incomplete, case build-up may be conducted and should be completed within 20 calendar days from evaluation.

When an expedited hearing is necessary, the investigating prosecutor issues subpoenas within five calendar days from receipt of the complete records, with the hearing set no later than 15 calendar days from that receipt. The respondent submits the counter-affidavit on the scheduled date. Reply- and rejoinder-affidavits are not entertained, although a clarificatory hearing may be held when necessary.

After docketing and any case build-up, the investigating prosecutor should resolve the case within 20 calendar days from receipt of the complete records.

Summary investigation

Summary investigation is ex parte. The prosecutor evaluates the complaint-affidavit and evidence without requiring a counter-affidavit. If the evidence meets the governing standard, the prosecutor prepares the Information; otherwise, dismissal is recommended.

Inquest after a warrantless arrest

When a person has been lawfully arrested without a warrant, the police or arresting person refers the matter for inquest within the applicable Article 125 period—12, 18, or 36 hours depending on the penalty classification.

The inquest prosecutor provisionally evaluates the validity of the warrantless arrest and the evidence supporting the charge. If the arrested person chooses a preliminary investigation, the waiver of Article 125 must be signed in the presence of counsel. The person may still apply for bail, and the investigation must be completed within 15 calendar days from inception.

An inquest is not a shortcut for an invalid warrantless arrest. Private citizens should not attempt a citizen’s arrest unless the strict conditions in Rule 113 are present and doing so is safe.

Possible outcomes and remedies

If the prosecutor finds prima facie evidence with reasonable certainty of conviction, the prosecutor recommends filing an Information. After approval by the proper head of office, the Information and supporting records are filed in court.

If the evidence does not meet the standard, the complaint is dismissed. Under the regular DOJ rules, dismissal is without prejudice and the complaint may be refiled when genuinely new or additional evidence is produced through further case build-up. This does not permit repetitive refiling of the same unsupported accusation merely to harass the respondent.

For a regular preliminary-investigation resolution, an aggrieved party may file a motion for reconsideration within 15 days from receipt. For an expedited preliminary investigation, the period is 10 calendar days. No motion for reconsideration is entertained in a summary-investigation case.

Further review may be available under the DOJ rules on appeal, but the reviewing office depends on whether the case falls within first-level or Regional Trial Court jurisdiction and whether the original resolution came from a city, provincial, regional, or national prosecutor. These appeals have strict requirements and may require action in an already filed court case, so obtain legal assistance immediately upon receiving an adverse resolution.

Do not ignore prescription

Criminal offenses do not all have the same filing period. The period may depend on whether the offense is punished by the Revised Penal Code, a special law, or a local ordinance; the prescribed penalty; when the offense was committed or discovered; the identity or absence of the offender; and the event that legally interrupts prescription.

Rule 110 generally provides that instituting the criminal action interrupts prescription unless a special law provides otherwise. Barangay proceedings interrupt prescription for no more than 60 days. Special laws and ordinances may have different rules, and some offenses have unusually short periods.

Do not wait for settlement discussions, a promised repayment, completion of an internal company investigation, or the respondent’s return before obtaining advice. If prescription may be close, bring the documents to a prosecutor or lawyer immediately.

Common mistakes to avoid

Treating a police blotter as the completed criminal filing;
Filing in the complainant’s preferred city rather than the legally proper venue;
Skipping required barangay conciliation or attaching the wrong barangay certification;
Naming every person connected with an incident without facts showing individual participation;
Leaving the respondent’s address blank, causing failed service;
Submitting conclusions instead of facts supporting each element of the offense;
Relying only on cropped screenshots when complete electronic records are available;
Altering, enhancing, annotating, or deleting original evidence;
Failing to obtain witness affidavits while memories and contact details are fresh;
Missing subpoenas, hearings, and reconsideration deadlines;
Posting accusations, evidence, or identifying details of victims and children on social media;
Assuming an affidavit of desistance automatically ends a public criminal case;
Contacting or confronting a dangerous respondent; and
Signing an affidavit that the complainant did not read or understand.

When legal help is urgent

Seek a lawyer promptly when:

A filing or reconsideration deadline is approaching;
The correct offense, venue, or prosecuting agency is uncertain;
The case involves death, serious injury, sexual violence, trafficking, cybercrime, firearms, large financial loss, organized activity, or a public official;
The respondent is a child or the victim is a minor;
Evidence is held by a bank, telecommunications company, online platform, employer, hospital, or government office;
There are countercharges or possible self-incrimination;
Someone has been arrested or detained;
The prosecutor dismisses the complaint or an Information has already been filed in court; or
The complainant needs a protection order or confidential safety plan.

Those unable to afford private counsel may ask the Public Attorney’s Office about eligibility and available assistance. Victim-survivors of violence against women may also contact the barangay VAW Desk, Women and Children Protection Desk, local social welfare office, or the Philippine Commission on Women’s regional helplines.

Frequently asked questions

Can I file directly with the prosecutor without first going to the police?

Generally, yes. A private complainant may file a complete complaint-affidavit directly with the proper prosecution office. Police or NBI assistance is advisable when investigation, identification, forensic work, recovery of evidence, or urgent protection is needed.

Do I always have to go to the barangay first?

No. Barangay conciliation applies only to disputes within the lupon’s authority. Serious offenses, cases involving parties from different cities or municipalities, government or corporate parties, detained accused, victimless offenses, urgent remedies, and several other matters are excluded.

Do I need a lawyer to sign my complaint-affidavit?

A lawyer is not invariably required merely to file a complaint-affidavit. Legal assistance is valuable when the offense, evidence, venue, prescription, or special procedure is uncertain. The affidavit must still be properly sworn before an authorized officer.

Will the respondent be arrested after I file?

Not automatically. The prosecutor must first act on the complaint. If an Information is filed, the judge personally evaluates judicial probable cause and decides whether to dismiss, request additional evidence, issue a summons where permitted, or issue an arrest warrant.

What if I do not know the respondent’s complete name?

Provide every truthful identifying detail available, such as a known name, nickname, photograph, account identifier, vehicle details, workplace, phone number, or last known address. Police or other lawful investigative assistance may be needed. Do not invent a name or address.

Can I withdraw the complaint after settlement?

You may submit an affidavit of desistance when legally allowed, but it does not automatically dismiss a public offense or remove the prosecutor’s control of the case. Some offenses and protection proceedings restrict compromise. Obtain advice before signing any settlement or desistance document.

Can I claim the money or damages I lost?

The civil action arising from the offense is generally deemed instituted with the criminal action unless it was waived, reserved for separate filing, or filed earlier. Preserve proof of the amount and cause of every claimed loss. Whether a particular loss is recoverable depends on the charge, evidence, and any separate civil claim.

What should I do if the prosecutor dismisses the complaint?

Read the resolution immediately and record the date you received it. Determine whether the case was regular, expedited, or summary because the available remedy and deadline differ. Gather any truly new evidence and consult counsel before the reconsideration or review period expires.

Official references

This article provides general Philippine legal information, not legal advice or a prediction of any case’s outcome. Procedures and conclusions can change based on the offense, penalty, evidence, venue, parties, and special law involved. Official sources and current procedures were checked on 2 August 2026.