Quick answer

To start a criminal case in the Philippines, ordinarily file a sworn complaint-affidavit, witness affidavits, and supporting evidence 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. Complete the National Prosecution Service Investigation Data Form and submit the required copies.

Before filing, determine whether Katarungang Pambarangay conciliation is mandatory. If it is, obtain a Certificate to File Action first. If the suspect was lawfully arrested without a warrant, the case normally goes through inquest instead of an ordinary preliminary investigation.

A police report or blotter entry documents an incident but does not by itself constitute the prosecutor’s criminal complaint. Filing also does not guarantee prosecution or immediate arrest. The prosecutor evaluates whether the admissible, credible, and preservable evidence establishes a prima facie case with reasonable certainty of conviction. If an Information is filed in court, the judge independently decides whether a warrant of arrest should issue.

Where to begin

If there is immediate danger or a recent warrantless arrest

Call 911 or go to the nearest police station. For violence against women or children, ask for the PNP Women and Children Protection Desk. Seek medical care and any available protection order without waiting to finish the criminal complaint.

When a suspect has been lawfully arrested without a warrant, law enforcement normally refers the records to an inquest prosecutor. The complainant should promptly provide a sworn statement, witness statements, medical or forensic records, and other evidence. Inquest is time-sensitive because the arrested person cannot be held indefinitely without a lawful charge.

If there was no arrest

You may report the incident to the police for investigation, or prepare the complaint and file it directly with the proper prosecutor’s office. Police assistance is especially useful when identification, CCTV recovery, forensic examination, tracing, or collection of public records is needed.

For offenses not requiring a regular preliminary investigation, direct filing in a first-level court may sometimes be legally available outside Manila and other chartered cities. Because the proper route depends on the offense, court jurisdiction, local charter, and DOJ procedure, filing through the territorially proper prosecutor’s office is usually the practical starting point unless a lawyer or the court’s receiving office confirms otherwise.

Cases handled by another authority

A special law may assign the investigation to a different office. Examples may include cases within the authority of the Office of the Ombudsman, election offenses handled under COMELEC rules, and matters assigned to specialized regulatory or enforcement agencies. A complaint against a public official is not automatically an Ombudsman case; jurisdiction depends on the alleged offense, office held, and applicable law.

Check whether barangay conciliation comes first

Katarungang Pambarangay is generally a condition before filing when the dispute is within the lupon’s authority—principally disputes between individuals who actually reside in the same city or municipality.

For a criminal matter, barangay conciliation is generally not required when:

The offense is punishable by imprisonment exceeding one year or a fine exceeding ₱5,000.
There is no private offended party.
A party is the government or a government instrumentality.
A party is a public officer or employee and the dispute concerns official functions.
The parties actually reside in different cities or municipalities, unless their barangays adjoin and they agree to submit the dispute to the lupon.
The accused is detained.
Urgent legal action is necessary, including a proceeding involving deprivation of liberty, a provisional remedy, or an approaching prescriptive deadline.
A special law excludes or prohibits conciliation. Violence-against-women-and-children complaints, for example, should not be treated as ordinary disputes that a victim must settle with the alleged abuser.

If conciliation applies, bring the complaint to the proper barangay—usually the respondent’s barangay when the parties live in different barangays within the same city or municipality. Obtain the appropriate Certificate to File Action if mediation and conciliation fail or the applicable legal ground for issuing it arises.

Filing with the punong barangay interrupts prescription only as provided by law, and that interruption cannot exceed 60 days. Do not allow barangay proceedings to consume a criminal prescriptive period without legal advice.

File in the correct place

The usual venue is the City or Provincial Prosecutor’s Office covering the city or municipality where the offense was committed or where any essential ingredient occurred.

Venue can be difficult when:

Conduct occurred in several cities or provinces.
Money was transferred or damage was suffered in a different place.
The act happened online.
Property, messages, servers, or accounts are located in several places.
The offense occurred in a vehicle, vessel, or outside the Philippines.
A special law contains its own venue or jurisdiction provision.

Do not choose an office merely because it is convenient or because the respondent lives there. Confirm venue before filing when the facts span several places; filing in the wrong office can cause delay while prescription continues to matter.

Build the evidence before drafting

The complaint should establish every element of the possible offense and identify each respondent’s participation. Preserve evidence lawfully and in its original form whenever possible.

Useful evidence may include:

Separate affidavits from witnesses with personal knowledge.
Medical certificates, treatment records, photographs of injuries, prescriptions, and receipts.
Original contracts, acknowledgments, invoices, official receipts, checks, bank records, transfer confirmations, and demand letters when legally relevant.
Full message threads, emails, call logs, account identifiers, URLs, timestamps, and unedited digital files.
CCTV footage and a prompt written preservation request to the owner or custodian.
Photographs, recordings, sketches, inventories, and proof of ownership or value.
Police investigation reports, incident reports, laboratory results, and relevant certifications from public agencies.
Birth, marriage, or death records when the relationship, age, or death of a person is material.
Proof of the respondent’s last-known address, particularly when service may be disputed.

For digital evidence, keep the original device and files. Do not crop away account names, timestamps, URLs, or surrounding conversation. Make backup copies, but do not edit the originals. Record how each item was obtained and who has handled it. Do not access another person’s account, device, or private records without lawful authority.

Give investigators or prosecutors copies unless an original is specifically required. If you surrender a device, document, or physical object, obtain a detailed receipt.

Write a fact-based complaint-affidavit

A complaint-affidavit is a sworn written accusation. It may be executed by the offended party or by another person authorized by the Rules or the applicable law.

It should contain:

The complainant’s full name, relevant personal details, and address.
Each respondent’s full name and last-known address. If the true name cannot be determined, provide the clearest lawful description and explain that the true name is unknown.
The approximate date, time, and exact place of the incident.
A chronological account of what happened, based on personal knowledge.
The specific act or omission of each respondent.
Facts showing intent, relationship, ownership, value, injury, demand, publication, or another circumstance when material to the offense.
Identification of witnesses and what each personally observed.
A numbered list of attached evidence, with each attachment marked as an annex.
A request that the appropriate criminal charge be filed.
A statement that the allegations are true based on personal knowledge and authentic records, followed by the proper jurat.

Use ordinary, precise language. Include concrete facts rather than conclusions such as “he scammed me” or “she stole my money.” If several people are accused, do not merely group them together—describe what each person did and the evidence connecting that person to the offense.

Do not sign the affidavit in advance unless instructed. Under the DOJ rules, it must be sworn before a prosecutor or another government official authorized to administer oaths, or, when they are absent or unavailable, before a notary public. Bring valid identification.

A complainant does not have to identify the perfect statutory label, but the facts must support an actual crime. Breach of contract, unpaid debt, poor performance, or a failed investment does not automatically become estafa or another criminal offense.

Prepare the filing set

Under the 2024 DOJ-NPS rules, prepare:

The original complaint-affidavit.
Two duplicate copies for the official file.
One additional complete copy for each respondent.
A duly accomplished NPS Investigation Data Form.
Witness affidavits.
All supporting evidence.
The Certificate to File Action, if barangay conciliation was required.
Any case-specific record, such as a medical certificate, death certificate, police report, inventory, agency certification, or proof of value.
A valid government-issued ID for oath administration and identity verification.

Arrange the annexes in the order mentioned in the affidavit. Number the pages and add an index for a large filing.

The DOJ’s general online checklist may display older or office-specific copy requirements. Confirm the current receiving requirements of the particular City or Provincial Prosecutor’s Office before filing, especially for voluminous records, electronic media, or confidential evidence.

File and document the filing

At the receiving or docket section:

Submit the complete filing set.
Have the Investigation Data Form and affidavits sworn or acknowledged as directed.
Ask whether any missing evidence must be supplied before docketing.
Obtain a stamped received copy showing the date and time.
Record the NPS docket number, assigned prosecutor, and official contact channel.
Keep the receiving copy, inventory, delivery receipts, and all later notices together.

Electronic filing and virtual hearings are permitted as alternatives under DOJ rules, but only through the official process authorized by the prosecution office. Do not assume that sending documents to an email address completes filing. Confirm whether hard copies, a verified declaration, specified PDF formatting, or later personal submission is required.

Do not pay a fixer or send evidence through an unofficial personal account.

What happens after filing

The applicable DOJ procedure depends primarily on the penalty prescribed by law and, in some cases, which court has jurisdiction.

DOJ track	General coverage	Basic procedure
Summary investigation	Offenses punishable by one day to one year, a fine regardless of amount, or both	Generally resolved from the complaint and supporting records; no motion for reconsideration is entertained under this track.
Expedited preliminary investigation	Offenses punishable by one year and one day to six years and falling exclusively within first-level-court jurisdiction	The prosecutor may resolve the records or issue a subpoena; no reply or rejoinder is ordinarily allowed.
Regular preliminary investigation	Offenses punishable by at least six years and one day; also certain cases made cognizable by an RTC despite a lower penalty	The respondent is subpoenaed and given an opportunity to submit a counter-affidavit; reply and rejoinder affidavits may be required.

All three tracks use the standard of prima facie evidence with reasonable certainty of conviction. In practical terms, the evidence on hand should be admissible, credible, capable of preservation and presentation at trial, sufficient to establish every element, and connected to the person charged.

Regular preliminary-investigation timetable

For a regular preliminary investigation:

The investigating prosecutor generally has five calendar days after receiving the complete records to recommend dismissal or issue subpoenas.
The respondent’s hearing date must allow at least ten days from receipt of the subpoena and complaint records for submission of the counter-affidavit.
If permitted or required, a reply-affidavit and rejoinder-affidavit generally have separate ten-day periods.
The investigating prosecutor’s resolution period is generally 60 calendar days, with a possible additional 30 calendar days for a capital offense or a complex case under the conditions in the rules.

These are administrative processing periods. Delay does not automatically mean that the complaint is granted or dismissed.

In an expedited preliminary investigation, the assigned prosecutor generally resolves the case within 20 calendar days after case build-up and docketing and receipt of the entire records. Always follow the date in an actual subpoena or written order.

Possible outcomes

The prosecutor may:

Dismiss the complaint for insufficient evidence or another legal reason.
Require additional evidence or clarification where the rules permit.
Find sufficient basis and prepare an Information for filing in court.

The investigating prosecutor’s recommendation is reviewed by the appropriate head of the prosecution office. If an Information is filed, the criminal case proceeds in court under the prosecutor’s direction and control. The complainant may participate through counsel regarding the civil liability deemed included in the criminal case, subject to the Rules.

If the complaint is dismissed

Read the resolution and note the exact date it was received.

Under the regular preliminary-investigation rules, an aggrieved party generally has 15 calendar days from receipt to file a motion for reconsideration. Under the expedited track, the period is generally 10 calendar days. A summary-investigation resolution is not subject to a motion for reconsideration under DOJ Department Circular No. 028.

A petition for review or another remedy may be available depending on the issuing office, offense, and governing DOJ or special-agency rules. These remedies have strict procedural and filing requirements. Obtain legal advice immediately rather than assuming that a letter, follow-up request, or late submission preserves the remedy.

Civil damages and recovery

When a criminal action is instituted, the civil action arising from the offense is generally deemed included unless it was waived, reserved for separate filing, or filed earlier. Special rules apply to particular offenses, including Batas Pambansa Blg. 22 cases.

Keep proof of actual loss, repair costs, medical expenses, lost income, and other claimed damages. Discuss any reservation of a separate civil action before the prosecution begins presenting evidence, because the Rules impose timing requirements.

Payment, compromise, or an affidavit of desistance does not necessarily terminate a public criminal offense. Once filed, prosecution is under the State’s control, and the effect of settlement depends on the offense and procedural stage.

Common mistakes to avoid

Treating a police blotter entry as the completed criminal complaint.
Skipping mandatory barangay conciliation.
Filing in an office with no territorial authority.
Waiting while CCTV, messages, medical findings, or other evidence disappears.
Naming several respondents without identifying each one’s acts.
Submitting screenshots without the full conversation, account details, timestamps, or original files.
Relying entirely on hearsay.
Omitting the respondent’s usable last-known address.
Signing an affidavit containing guesses, exaggerations, or facts supplied by someone else.
Surrendering the only original document or device without a receipt.
Assuming that filing automatically produces an arrest warrant.
Missing a subpoena, order, motion-for-reconsideration deadline, or prescriptive period.
Posting accusations or confidential victim information on social media.

When legal help is urgent

Consult a Philippine lawyer, the Public Attorney’s Office if qualified, or another accredited legal-aid provider immediately when:

The prescriptive deadline may be near.
The crime involves death, serious injury, sexual violence, trafficking, child abuse, domestic violence, firearms, drugs, kidnapping, cybercrime, or organized conduct.
The respondent is a public official, police officer, prosecutor, judge, employer, or person able to influence evidence or witnesses.
The incident or evidence spans several jurisdictions.
The respondent’s identity is unknown.
Digital evidence may require preservation orders, subscriber records, or forensic examination.
A subpoena, dismissal resolution, or adverse order has already been received.
There are threats, stalking, retaliation, or pressure to withdraw.
The complainant, victim, witness, or respondent is a child.

Protection and safety should come before document completion. A criminal complaint, protection order, administrative complaint, and civil action are different remedies and may sometimes proceed separately.

Frequently asked questions

Do I need a lawyer to file?

A private complainant may file without a lawyer. Legal assistance is strongly advisable when the offense, venue, evidence, prescription, or identity of the proper respondent is uncertain.

Is a police blotter enough?

No. A blotter is an incident record. The prosecutor ordinarily requires a sworn complaint-affidavit, the Investigation Data Form, witness affidavits, and supporting evidence.

Will the respondent be arrested as soon as I file?

Not in an ordinary complaint. The prosecutor first investigates. If an Information is later filed, the judge independently determines whether probable cause exists for a warrant. A lawful warrantless arrest follows the separate inquest process.

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

Provide every reliable identifier available and state that the true name is unknown. Include photographs, aliases, account details, workplace, address, vehicle information, or other lawful identifiers. Ask law enforcement for help when formal identification or records are needed.

Can I file online?

Only when the proper prosecution office authorizes e-filing through an official channel. Confirm receipt and any hard-copy or verification requirement. An ordinary email does not necessarily complete filing.

How many copies are required?

The 2024 DOJ-NPS rules prescribe the original, two duplicates for the official file, and one additional copy for each respondent. Verify the local office’s current checklist because some published administrative checklists still show different copy counts.

How long will the prosecutor take?

It depends on the applicable summary, expedited, or regular track, completeness of the records, complexity, service of subpoenas, and authorized extensions. Keep the docket number and follow up through the official office channel.

Can I withdraw the case after settlement?

You may inform the prosecutor of a settlement or execute a truthful affidavit, but that does not automatically end a public criminal case. The prosecutor or court determines its legal effect.

Official sources

Disclaimer

This is general Philippine legal information, not legal advice for a particular incident. The proper charge, office, evidence, deadline, and remedy depend on the facts, documents, prescribed penalty, and special law involved. Official sources and procedures were checked as of 4 August 2026.