This practical guide walks you, step-by-step, through the Philippine criminal complaint process—from the first report to the prosecutor’s evaluation, inquest, preliminary investigation, filing in court, and what happens next. It’s detailed but readable, designed for victims, witnesses, and counsel alike. It’s legal information, not specific legal advice.

1) First things first: where you can start

You can begin a criminal case in any of the following places (there’s no single “correct” first door—choose what’s safest and most accessible):

Police station (PNP) – Make a blotter entry and give a sworn statement. Police may investigate, collect evidence, and refer the case to the prosecutor.
National Bureau of Investigation (NBI) – Similar to the police, with specialized units (e.g., cybercrime, anti-trafficking).
Directly at the Office of the City/Provincial Prosecutor (DOJ-NPS) – File an Affidavit-Complaint with supporting evidence for evaluation (preliminary investigation or direct filing, depending on the offense).
Specialized or support desks – e.g., WCPD (Women and Children Protection Desk), PNP-ACG (Anti-Cybercrime Group), anti-human trafficking task forces, etc.

Cost: Filing a criminal complaint itself is generally free. You may, however, pay for things like medical or medico-legal certificates, photocopying, or notarization fees if required.

2) Barangay conciliation: do you need it first?

Under the Katarungang Pambarangay system, some disputes between individuals who live in the same city/municipality must first be brought to the Lupon Tagapamayapa for mediation/conciliation before going to the prosecutor or court.

Usually covered (subject to exceptions): minor offenses where the maximum penalty does not exceed one (1) year of imprisonment or a ₱5,000 fine.

Not covered / exceptions (you may proceed directly to the authorities):

When any party is a government entity or the dispute relates to the official functions of a public officer
Offenses where there is no private offended party
Serious offenses (penalty exceeds 1 year or ₱5,000 fine)
Parties do not reside in the same city/municipality
Cases requiring immediate action (e.g., risk to life/limb, inquest, urgent protection orders)

If barangay conciliation applies and fails, you will receive a Certificate to File Action, which you attach to your complaint.

3) Two pathways: Inquest vs Regular complaint

A) Inquest (for warrantless arrest cases)

Happens when a suspect is arrested without a warrant and turned over to the inquest prosecutor quickly.
The prosecutor checks probable cause from the arrest, sworn statements, and evidence without a full-blown preliminary investigation.
The detained person may waive inquest and request a regular preliminary investigation (often by signing a waiver of detention under Article 125 of the Revised Penal Code), typically coupled with a bail application if allowed.

B) Regular complaint (no arrest / post-arrest with warrant)

You submit a complete Affidavit-Complaint and evidence.
The prosecutor may conduct a preliminary investigation (PI) if the law requires it or if deemed necessary.

4) When is a preliminary investigation (PI) required?

A PI is required for offenses where the law prescribes a maximum penalty of at least four (4) years, two (2) months, and one (1) day, regardless of any fine.

If required, the prosecutor issues a Subpoena to the respondent to submit a Counter-Affidavit, then allows a Reply/Rejoinder as needed, and resolves the case by Resolution.
For lower-penalty offenses (below the threshold), the prosecutor may file directly in court without PI based on sworn statements and evidence; in some areas, simple cases may be filed directly with the first-level courts (MTC/MTCC/MCTC), but in practice many prosecutors still screen them.

5) Your Affidavit-Complaint: contents & attachments

Your affidavit is the backbone of your case. Prosecutors expect:

Your full name and address (you may request protective measures for sensitive addresses in certain cases)
Respondent’s details (name, address, identifiable description, or “John/Jane Doe” if truly unknown)
Clear narration of facts in chronological order: who, what, when, where, how, and why you know these facts
Elements of the offense addressed (tie key facts to each legal element)
Prayer/relief (request that criminal charges be filed; optionally reserve or pursue the civil action ex delicto)
Signature and jurat (sworn before a prosecutor or authorized officer; some offices allow notarization if prosecutor-administered oath isn’t available)

Annexes / supporting evidence (as applicable):

Witness affidavits (separately sworn)
Photos/videos, device extractions, screenshots, chat/email printouts
Documents (contracts, receipts, IDs)
Medical / medico-legal certificate, psychological evaluation (for VAWC/abuse cases), police blotter
For cyber/offline digital evidence: include hash values, collection notes, and a simple chain-of-custody table to show integrity

Tip: Use consistent exhibit labels (Annex “A”, “A-1”, etc.). Put timestamps on images and state who captured them and where.

6) The standard flow after filing with the prosecutor

Docketing & review – The complaint is assigned and screened.
Subpoena to respondent (if PI is required) – Respondent submits a Counter-Affidavit with annexes, sworn as well.
Reply/Rejoinder – Optional, brief, focused on new points.
Resolution – Prosecutor issues a Resolution:
- Finds probable cause → files an Information in the proper court; or
- Dismisses the complaint (insufficient probable cause); or
- Refers for further investigation/clarification.
If filed in court – The judge independently evaluates probable cause for issuance of a warrant (not the same as trial standard).
Bail – If the offense is bailable, bail may be posted; if non-bailable, a bail hearing may be held to determine if evidence of guilt is strong.
Arraignment & pre-trial – Once the accused is arrested or voluntarily appears and posts bail, the case moves to arraignment, then pre-trial, then trial.

7) Venue and which court handles the case

Venue (criminal cases) is typically where the crime or any essential element occurred.
Continuing offenses (e.g., elements in multiple places) may be filed where any element happened.
Special venue rules exist for certain crimes (e.g., libel/cyber-libel, B.P. 22). When in doubt, verify the statute or controlling rules.
Court level is based on penalty:
- First-level courts (MTC/MTCC/MCTC) handle lower-penalty crimes.
- Regional Trial Courts (RTC) handle more serious felonies and many special-law offenses.
- Some RTCs are designated special courts for particular crimes (e.g., drugs, trafficking, cybercrime), affecting where the Information is filed.

8) Evidence standards you should care about

Probable cause (prosecutor/judge): well-grounded belief that a crime was likely committed and the respondent probably committed it.
Proof beyond reasonable doubt (trial): the highest standard, for conviction.
Admissibility & weight:
- Documentary/real evidence: authenticate (who made it, how obtained).
- Electronic evidence: show authenticity (metadata, hash, source), reliability of the device/software, and chain of custody.
- Testimonial evidence: credible, consistent, based on personal knowledge.

Affidavit of Desistance: does not automatically dismiss a criminal case. The prosecutor/judge still evaluates public interest, voluntariness, and sufficiency of evidence.

9) Deadlines & prescription (statute of limitations)

You must file a criminal complaint within the prescriptive period set by the Revised Penal Code or the special law involved. Typical benchmarks under the RPC include:

20 years – for crimes punishable by reclusion temporal or higher
15 years – for other afflictive penalties
10 years – for correctional penalties
1 year – for libel and similar written defamation
6 months – for oral defamation and slander by deed
2 months – for light offenses

Note: Many special laws set different prescriptive periods (some longer, some shorter). When close to a deadline, file promptly and consult counsel.

10) The civil action: damages and restitution

By default, the civil action for damages arising from the offense is deemed instituted with the criminal action unless the offended party waives, reserves, or has filed separately.
No upfront docket fees are generally collected for the civil aspect when joined with the criminal case; fees may be assessed upon award.
You may reserve the civil action to file it separately (e.g., to pursue broader damages or a different venue). Make the reservation early (before arraignment).

11) Special protections & fast-track remedies

VAWC (R.A. 9262) – You can seek Barangay or Temporary/Protection Orders (BPO/TPO/PPO). These are protective, not criminal convictions, but often accompany criminal complaints.
Children & abuse (R.A. 7610, trafficking laws) – Special handling, WCPD assistance, child-friendly taking of statements, and closed-door proceedings.
Cybercrime – You may file with PNP-ACG or NBI-Cybercrime. Preserve devices, export chats/email with headers, keep original media, and avoid altering data.
Drugs – Strict chain-of-custody rules for seized items; insist that officers record and photograph as required.
Witness Protection, Security and Benefit Program (WPP) – Apply through the DOJ if you face threats or need support as a key witness.
Indigent litigants – PAO can represent qualified complainants/witnesses.
Privacy & safety – Ask investigators or the court for measures to mask addresses, use initials, or clear the courtroom where the law allows (e.g., sex offenses).

12) Practical step-by-step checklist

Safety first: Seek medical care, get to a safe place, and ask for immediate police assistance if needed.
Preserve evidence: Don’t delete messages; photograph injuries and scenes; keep originals; write a timeline while memories are fresh.
Decide where to file: Police/NBI or straight to the Prosecutor’s Office.
Draft your Affidavit-Complaint: Clear facts, elements addressed, labeled exhibits. Have it sworn.
Barangay check: If applicable, attempt conciliation or obtain a Certificate to File Action.
File with the city/provincial prosecutor (or inquest if there was a warrantless arrest).
Monitor the PI: Respond to counter-affidavits; keep replies concise and evidence-based.
After Resolution:
- If filed in court → prepare for arraignment, pre-trial, and testimony.
- If dismissed → consider motion for reconsideration or petition for review (within set periods).
Protect yourself: Consider WPP, protection orders, and safety planning.
Keep copies: Maintain a clean set of all filings, stamped received; back up digital files.

13) Common pitfalls (and how to avoid them)

Vague affidavits → Be specific with dates, places, actions. Tie facts to each element of the crime.
Hearsay overload → Stick to what you personally perceived; use separate sworn statements for other witnesses.
Evidence gaps → Anticipate defenses; include documents, metadata, and chain-of-custody notes.
Wrong venue → File where the offense or an essential element occurred (or follow special venue rules).
Prescription risks → Track the deadline; file early if close.
Over-arguing facts in replies → Keep it short; address only new points or contradictions.
Safety and privacy oversights → Request protective measures where available, especially in sex/child/VAWC cases.

14) Simple templates

A) Affidavit-Complaint (skeleton)

REPUBLIC OF THE PHILIPPINES [City/Province] [Office of the City/Provincial Prosecutor]

AFFIDAVIT-COMPLAINT

I, [Full Name], of legal age, Filipino, with address at [address—request confidentiality if needed], after having been duly sworn, depose and state:

Parties: The respondent is [Name/description, last known address].

Jurisdiction/Venue: The acts complained of occurred in [place] on [date(s)].

Facts: (State the chronological facts with specific dates, places, actions, and identify witnesses and documents. Number the paragraphs. Avoid conclusions; stick to what you personally know.)

Elements: (Briefly show how facts satisfy the elements of [offense].)

Evidence: Attached are Annex “A” (medical certificate), Annex “B” (photos), Annex “C” (chat screenshots with export logs), etc.

Prayer: I respectfully pray that criminal charges for [specific offense/s] be filed against the respondent, and that I be granted such other reliefs as are just and equitable. I [reserve/do not reserve] my right to institute the civil action separately.

[Signature over printed name] Affiant

JURAT Subscribed and sworn to before me this [date] in [city]. Affiant exhibited [Gov’t ID type/number].

B) Basic chain-of-custody table (for digital/physical evidence)

Item/Description	How Obtained	Date/Time	From	To	Purpose/Notes
Phone screenshots (Annex B)	Exported from [app], saved as PNG	2025-11-01 21:14	Complainant	USB/Folder	Original files preserved; hashes computed
Medico-legal report (Annex A)	Issued by [hospital]	2025-11-02 10:30	Hospital	Complainant	Original + certified copy

15) After a dismissal: remedies

Motion for Reconsideration (MR) with the same prosecutor’s office within the allowed period (usually 15 days from receipt of the resolution).
Petition for Review to the DOJ (and, in some instances, to the Office of the Secretary of Justice), within the reglementary period.
In limited situations, certiorari or appeal remedies may be available depending on the stage and ruling.

16) Working with counsel (and when to get one)

While you can file a complaint on your own, a lawyer can:

Frame facts to meet offense elements
Anticipate defenses and venue questions
Ensure electronic evidence is properly preserved
Seek protection orders and WPP coverage where appropriate

If you cannot afford counsel, inquire with the Public Attorney’s Office (PAO) or local legal aid clinics.

Quick reference (one-page recap)

Start: Police/NBI or directly with the Prosecutor
Barangay: Required first only for minor offenses between same-city residents (with exceptions)
Inquest: For warrantless arrests (fast probable-cause screening)
Prelim. Investigation: Required if max penalty ≥ 4y 2m 1d
File: Affidavit-Complaint, sworn + exhibits + labels
Venue: Where the crime/element occurred; check special rules
Prescription: Track deadlines (RPC: 20y/15y/10y; libel 1y; oral defamation 6mo; light 2mo; special laws vary)
Civil aspect: Deemed included unless waived/reserved
Remedies: MR, Petition for Review if dismissed
Safety: WPP, protection orders, WCPD, privacy measures

If you want, I can turn this into a fill-in-the-blanks Affidavit-Complaint you can download and use, or tailor a checklist to your specific offense (e.g., theft, estafa, VAWC, cybercrime) — just say the word.