Quick answer

In most cases, you file a sworn complaint-affidavit, witness affidavits, and supporting evidence with the Office of the City Prosecutor or Office of the Provincial Prosecutor that has territorial jurisdiction over the place where the crime—or an essential part of it—occurred.

Before filing:

Preserve the evidence and obtain medical or police assistance when needed.
Check whether barangay conciliation is a mandatory first step.
Prepare and swear to the complaint-affidavit.
Complete the National Prosecution Service Investigation Data Form.
Bring the original, two duplicate copies for the prosecution office, and one additional copy for every respondent.
File at the receiving or docket section, pay only officially assessed fees, and keep the stamped receiving copy and docket or Investigation Slip number.

A police blotter is useful evidence, but it is not automatically a criminal complaint filed with the prosecutor. Filing also does not automatically produce an arrest warrant. If the prosecutor files an information in court, the judge independently determines whether judicial probable cause exists and whether to issue a warrant or summons.

Where should the complaint be filed?

The usual route: the prosecutor’s office

File with the:

Office of the City Prosecutor if the offense occurred in a city; or
Office of the Provincial Prosecutor if it occurred in a municipality within a province.

Venue generally follows the place where the offense was committed or where any essential ingredient occurred. The respondent’s residence is not automatically the proper venue. Online, cross-border, continuing, transportation-related, and special-law offenses may follow different venue rules.

The DOJ maintains a current directory of NCR prosecution offices. For offices outside NCR, confirm the address and receiving requirements through the local Hall of Justice, provincial government, or the Department of Justice before traveling.

Police or NBI assistance

You may first report the incident to the Philippine National Police, National Bureau of Investigation, or the appropriate specialized law-enforcement unit. This is particularly useful when:

the offender’s identity is unknown;
forensic examination, CCTV retrieval, medical documentation, or digital investigation is needed;
physical objects must be lawfully recovered;
several victims or locations are involved; or
immediate protection is necessary.

Ask whether the agency will prepare and formally refer the sworn complaint to the prosecutor. Do not assume that an oral report, incident report, or blotter entry alone has started the prosecution case.

Limited direct filing in a first-level court

Rule 110 allows direct court filing in certain offenses that do not require regular preliminary investigation. The 2022 Rules on Expedited Procedures likewise recognize filing by complaint or information in covered first-level-court cases. In Manila and other chartered cities, however, complaints generally must be filed with the prosecutor unless the city charter provides otherwise.

Because the DOJ now applies separate summary, expedited, and regular investigation procedures, the practical route for most complainants is to approach the proper prosecution office first. Use direct court filing only after the court clerk or prosecutor confirms that it is permitted for the specific offense and location.

Cases handled by a specialized body

The ordinary prosecutor’s-office route may not be the correct or exclusive one when, for example:

the charge concerns a public officer’s official conduct and falls within the Office of the Ombudsman’s authority;
an election offense falls under COMELEC procedures;
a law assigns investigation to a specialized regulator or agency;
the respondent is a child in conflict with the law;
the offense concerns trafficking, terrorism, competition law, customs, taxation, or another statute with special procedures; or
the law requires the complaint to be initiated by a particular person.

Certain offenses—including adultery and concubinage—have special rules on who may initiate prosecution. Do not rely on a generic complaint form when a special law or Rule 110 requires a particular complainant.

Check whether barangay conciliation is required

Prior barangay proceedings are generally required when all of these are true:

the complainant and respondent are individuals who actually reside in the same city or municipality;
the dispute has a private offended party;
neither party is the government;
any public officer involved is not being complained against for an act connected with official duties; and
the offense is not punishable by imprisonment exceeding one year or a fine exceeding ₱5,000.

If either statutory penalty exceeds those limits, the criminal dispute is outside the lupon’s authority.

Venue is generally:

the parties’ barangay if they reside in the same barangay;
the respondent’s barangay, chosen by the complainant if there are several respondents, when the parties live in different barangays of the same city or municipality;
the barangay where the property or its larger portion is located for disputes involving real property; or
the barangay where the workplace or school is located for disputes arising there.

The punong barangay ordinarily attempts mediation. If mediation fails within 15 days from the parties’ first meeting, a pangkat ng tagapagkasundo is constituted. The pangkat generally has 15 days to seek a settlement, extendible by up to another 15 days in meritorious cases. Obtain the properly issued Certificate to File Action if no settlement is reached.

Parties must personally appear in barangay proceedings without lawyers or representatives. A minor or incompetent person may be assisted by a next of kin who is not a lawyer.

Barangay conciliation is not required in several situations, including when:

the accused is detained;
personal liberty requires habeas corpus relief;
the action includes an urgent provisional remedy;
waiting may allow the action to prescribe;
the parties reside in different cities or municipalities, subject to the limited adjoining-barangay exception;
there is no private offended party; or
another law excludes or prohibits conciliation.

Violence against women and their children under Republic Act No. 9262 must not be mediated or conciliated. A victim may seek a Barangay Protection Order or judicial protection independently of the criminal complaint. See the Philippine Commission on Women’s official RA 9262 guidance.

Barangay filing interrupts prescription only for a maximum of 60 days. Do not allow barangay proceedings to continue indefinitely while a criminal deadline approaches.

Prepare the complaint-affidavit

A complaint-affidavit is a written, sworn account charging a person with an offense. It should be factual, chronological, and specific enough to connect the respondent to every required element of the offense.

Information to include

State:

your complete name, relevant personal circumstances, and address;
each respondent’s complete name and address, if known;
aliases, usernames, account numbers, vehicle plates, telephone numbers, or other identifiers;
the date or approximate date of every material event;
the exact location of the incident;
what each respondent personally did or failed to do;
the words used, if threats, deception, demands, or representations matter;
how you recognized or identified the respondent;
the injury, loss, damage, or other result;
the identity of witnesses and what each one personally observed;
the supporting document or object corresponding to each important fact;
why the chosen prosecution office has territorial jurisdiction; and
a request that the respondent be charged with the offense or offenses established by the evidence.

Use numbered paragraphs. Separate what you personally observed from information supplied by another person. If you are uncertain about a date, amount, or identity, say so honestly and explain the basis for your estimate.

You do not have to identify the perfect technical name of the offense, but the facts must be complete. The prosecutor determines the appropriate charge from the law and evidence.

If disclosing your home address may endanger you, inform the receiving prosecutor or victim-assistance desk and ask what lawful protective arrangement is available. Do not give a false address.

Swearing to the affidavit

Sign only after reviewing every page and attachment. The affidavit must be subscribed and sworn to before:

a prosecutor;
another government official authorized to administer oaths; or
if those officials are unavailable, a notary public.

The administering official or notary may require personal appearance and competent proof of identity. Witness affidavits must also be properly sworn.

A knowingly false sworn statement can expose the affiant to legal liability and can seriously damage the case.

Gather evidence that can be used in court

Current DOJ rules require more than suspicion. Prosecutors apply the standard of prima facie evidence with reasonable certainty of conviction. The evidence should be admissible, credible, capable of preservation, and sufficient—if left uncontroverted—to establish every element and the responsible person’s identity. The Supreme Court upheld this prosecutorial standard in Meking v. Remulla.

Depending on the case, preserve:

original photographs, videos, audio recordings, emails, and messages;
the device or account from which digital material came;
complete conversation threads, not only selected screenshots;
URLs, usernames, dates, timestamps, email headers, and transaction references;
medical certificates, medico-legal reports, prescriptions, and injury photographs;
CCTV footage and written requests asking custodians to preserve it;
contracts, receipts, checks, invoices, bank records, delivery records, and demand letters;
ownership or registration records;
police reports and blotter extracts;
barangay records and the Certificate to File Action;
government or business records, preferably certified when certification is available;
witness affidavits based on personal knowledge; and
a written exhibit index explaining what each attachment proves.

Keep originals unchanged and submit clear copies unless the office requires the original. Back up digital evidence without deleting the source. Do not crop, annotate, enhance, splice, or rename the only existing copy.

Do not personally transport suspected drugs, weapons, explosives, or other dangerous or illegal objects to the prosecutor’s office. Contact law enforcement so they can secure and document them properly.

Complete the filing set

For a complaint filed with an NPS prosecution office, prepare:

the original complaint-affidavit;
two duplicate copies for the official file;
one additional copy for each respondent;
the same copy count for witness affidavits and supporting evidence;
a completed NPS Investigation Data Form;
the barangay Certificate to File Action, when required;
a valid government-issued ID;
an exhibit list; and
any referral letter, police report, authority, corporate document, or special-law requirement applicable to the complainant.

Have the receiving section confirm the current copy count and local documentary requirements. For a juridical complainant, proof that the affiant is authorized to act may be required.

Legal fees may apply. Pay only through the authorized cashier and obtain an official receipt. The DOJ’s published schedule of legal fees states that indigent litigants are exempt, but the office may require proof of eligibility.

Filing step by step

Confirm jurisdiction. Identify where the offense or an essential element occurred. Call the intended prosecution office if venue is uncertain.
Complete barangay proceedings if required. Obtain the correctly signed and attested certificate.
Arrange the filing set. Number the pages and exhibits consistently across all copies.
Swear to the affidavits. Do not sign a jurat in advance unless instructed by the administering official.
Submit the papers. File at the receiving or docket section during official hours.
Pay the assessed fee. Obtain the official receipt or approved indigency documentation.
Get proof of filing. Keep a stamped receiving copy, docket or Investigation Slip number, official receipt, and the receiving date.
Confirm how notices will be served. Give reliable contact details and immediately report any change of address, telephone number, or email.
Calendar every deadline. Record the dates of filing and receipt of every subpoena, order, counter-affidavit, and resolution.
Keep a complete duplicate file. Store paper and electronic copies securely.

Do not file by ordinary email merely because an address appears online. Electronic filing and virtual proceedings are alternatives allowed under DOJ rules, but they must follow the prosecution office’s authorized procedure or a prosecutor’s written order. Unrequested or improperly formatted email attachments may not constitute a valid filing.

Which investigation procedure applies?

The prosecution office classifies the case according to the penalty prescribed by law, the court that has jurisdiction, and any special statute.

Procedure	General coverage	Basic process
Summary investigation	Imprisonment from one day to one year, a fine regardless of amount, or both	Ex parte evaluation of the complaint and evidence; the prosecutor is directed to resolve it immediately.
Expedited preliminary investigation	Generally, imprisonment from one year and one day to six years for offenses exclusively within first-level-court jurisdiction	The prosecutor evaluates completeness, may conduct case build-up, and may issue a subpoena if further proceedings are necessary.
Regular preliminary investigation	Offenses punishable by at least six years and one day, without regard to the fine; also certain offenses assigned by law to the RTC even if the penalty is lower	The respondent is ordinarily subpoenaed and given an opportunity to submit a counter-affidavit before resolution.
Inquest	A person is lawfully arrested and detained without a warrant	The prosecutor promptly examines the arrest and available evidence to decide whether continued custody and a court charge are proper.

These categories come from DOJ Department Circular Nos. 015 and 028, as recognized in People v. Consebido. Classification can change if qualifying circumstances, a special jurisdictional provision, or the legally prescribed penalty differs from what the complainant assumed.

What happens after filing?

Completeness review

For a regular preliminary investigation, the head of the prosecution office checks the complaint’s form and the completeness of the evidence before docketing. Missing evidence may be required before the case proceeds.

Within five calendar days after the investigating prosecutor receives the complete records, the prosecutor should either recommend dismissal for lack of ground to continue or issue a subpoena. The scheduled preliminary-investigation hearing should not be more than 30 days from receipt of the complete records.

Respondent’s counter-affidavit

In a regular preliminary investigation, the respondent must receive the complaint and attachments and ordinarily be given at least 10 days from receipt to submit a counter-affidavit. Failure to respond after proper service can result in resolution based on the complainant’s evidence.

The prosecutor may conduct a physical or virtual clarificatory hearing, require a reply-affidavit and rejoinder-affidavit, or issue subpoenas for material evidence. A reply is intended to answer new material matters—not to repair an incomplete original complaint without explanation.

Prosecutor’s resolution

A regular preliminary-investigation complaint should generally 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 complaints, or reassignment. Approval and promulgation involve additional internal periods. These are official disposition targets, not a guarantee that every case will finish on the exact date.

If the required evidence is established, the prosecutor prepares an information for filing in court. If not, the complaint is dismissed. A dismissal under the current DOJ rule is generally without prejudice to refiling when genuinely new or additional evidence is later produced, subject to prescription, double-jeopardy rules where applicable, and other legal limitations.

Court action

After an information is filed, the judge independently evaluates judicial probable cause. Depending on the record and offense, the judge may:

dismiss if the evidence clearly fails to establish probable cause;
require additional supporting evidence;
issue a warrant of arrest;
issue a commitment order if the accused is already detained; or
issue a summons where custody is unnecessary or a warrant is not authorized.

The complainant does not issue or control the warrant.

Special deadlines and remedies

Prescription

Every criminal offense has a prescriptive period. The period depends on the statute, prescribed penalty, date of commission or discovery, and special tolling rules. Some periods are short.

The Supreme Court held prospectively in People v. Consebido that filing the criminal complaint with the DOJ tolls prescription, including for offenses covered by expedited first-level-court procedures. Nevertheless:

do not assume a blotter entry or informal report stops the period;
barangay proceedings interrupt prescription for no more than 60 days;
a special law may contain a different rule; and
filing in the wrong office or filing a fatally deficient document can create serious disputes about timeliness.

Seek legal advice immediately if the event occurred months or years ago, a statutory deadline is close, or the case was previously dismissed.

Reconsideration and review

Under the current DOJ rules:

for a regular preliminary investigation, an aggrieved party may file a motion for reconsideration within 15 days from receipt of the resolution;
for an expedited preliminary investigation, the deadline is 10 calendar days from receipt; and
in a summary investigation, Department 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, and whether an information has already been filed. Review does not necessarily suspend court proceedings. Obtain counsel as soon as the resolution is received rather than waiting until the last day.

Inquest time limits

When a suspect has been arrested without a warrant, the law-enforcement referral for inquest must be made within the applicable Article 125 period:

12 hours for offenses punishable by light penalties or their equivalent;
18 hours for offenses punishable by correctional penalties or their equivalent; or
36 hours for offenses punishable by afflictive or capital penalties or their equivalent.

These are custody-related limits for authorities, not the ordinary complainant’s filing deadline. The victim should nevertheless provide affidavits and evidence immediately. Do not attempt a citizen’s arrest unless the legal grounds are clear and it can be done safely.

Common filing mistakes

Avoid:

treating a police blotter as the completed prosecutor filing;
filing in the respondent’s residence when the offense occurred elsewhere;
skipping mandatory barangay conciliation;
submitting an unsworn narrative instead of a complaint-affidavit;
omitting the respondent’s last known address;
stating accusations or legal conclusions without the underlying acts;
relying entirely on hearsay when direct witnesses or records are available;
submitting selected or edited screenshots without the complete conversation;
failing to preserve CCTV or digital data before routine deletion;
leaving unexplained inconsistencies in dates, amounts, names, or locations;
submitting unreadable attachments or too few copies;
signing an affidavit without understanding it;
paying an unofficial “facilitation” fee;
ignoring subpoenas because the complaint has already been filed;
assuming an affidavit of desistance automatically ends a public offense; or
posting accusations and confidential evidence publicly, which can endanger witnesses, violate privacy rules, or create a separate legal dispute.

When legal or protective help is urgent

Seek immediate police, medical, prosecutorial, or legal assistance when:

violence, stalking, threats, or coercive control is continuing;
a child, elderly person, person with disability, or trafficking victim is involved;
sexual violence requires urgent medical and forensic care;
the suspect is detained after a warrantless arrest;
a protection order may be needed;
the suspect is threatening witnesses or destroying evidence;
CCTV, account records, or electronic data may soon be erased;
the offense may prescribe shortly;
the case involves a public officer, organized group, several jurisdictions, or substantial financial loss; or
you have received a dismissal, subpoena, or court notice with a running deadline.

A complainant may prepare and file an affidavit without a private lawyer, but counsel is especially important in complex, sensitive, prescribed, or high-stakes cases. Qualified persons may inquire with the Public Attorney’s Office, an IBP legal-aid office, a local government legal-aid program, or a specialized victim-assistance organization. Assistance remains subject to eligibility, merit, jurisdiction, and conflict-of-interest rules.

Frequently asked questions

Is a police blotter enough?

No. It records that an incident was reported, but it is not necessarily the sworn complaint filed with the prosecutor. Ask whether the police have formally referred a complete complaint package and obtain the prosecution docket number.

Can I file if I do not know the offender’s full name?

Possibly. State that the true name is unknown and provide every reliable identifier—physical description, alias, username, telephone number, account, vehicle plate, workplace, photograph, or transaction record. Law enforcement may be needed to establish the person’s identity.

Do I need eyewitnesses?

Not always. Documentary, digital, physical, medical, and circumstantial evidence can support a complaint. The evidence must collectively establish the offense and identify the responsible person. A witness affidavit should describe only what the witness personally perceived.

Can the prosecutor arrest the respondent?

No. The prosecutor investigates and may file an information. The court determines judicial probable cause and whether a warrant or summons should issue.

Can I withdraw the complaint later?

You may submit an affidavit of desistance where the law permits, but most crimes are prosecuted in the name of the People of the Philippines. Desistance does not automatically require dismissal, particularly when independent evidence supports the charge or the law restricts compromise.

Can the parties settle?

Settlement may resolve civil liability or a barangay dispute, but it does not automatically extinguish criminal liability. Some offenses may be compromised only in limited ways, while mediation is prohibited in cases such as violence against women and their children. Have any settlement reviewed before signing.

Can I recover the money or damages I lost?

Generally, the civil action arising from the offense is deemed instituted with the criminal action unless it was waived, reserved for separate filing, or previously filed. Special rules apply to Batas Pambansa Blg. 22 and certain independent civil actions. Preserve receipts and proof of the exact loss, and tell the prosecutor what restitution or damages are claimed.

Can I file online?

Only through an officially authorized channel and in the form required by the prosecution office or the investigating prosecutor’s order. Confirm the email address, PDF requirements, hard-copy deadline, and proof of electronic filing. Do not assume an ordinary email starts the case.

What if the prosecutor dismisses the complaint?

Read the resolution immediately and record the date you received it. The available remedy and deadline depend on whether the case underwent summary, expedited, or regular investigation, which office issued the resolution, and whether an information has already reached court. Obtain legal advice before the applicable 10- or 15-day period expires.

Official legal sources

This article provides general Philippine legal information, not legal advice for a particular case. Offense classification, venue, prescription, authorized complainants, evidence requirements, and remedies can change based on the statute and facts. Official sources and procedures were checked as of August 7, 2026.