An affidavit-complaint is a sworn written statement by a complainant (and often witnesses) that states facts showing a crime was committed and who likely committed it, and asks the State—through the prosecutor—to file a criminal case in court. In the Philippines, it is the standard initiating document for most criminal cases that begin at the Office of the City/Provincial Prosecutor (or other authorized investigating offices).

This article explains what an affidavit-complaint is, when you need it, what it must contain, how to draft it effectively, what to attach, and what happens after filing—using Philippine criminal procedure concepts and practice.

1) Affidavit-Complaint vs. “Complaint” vs. “Information”

Complaint (criminal complaint) A complaint is a written statement charging a person with an offense, subscribed by the offended party, a peace officer, or another public officer charged with enforcing the law. Many complaints filed with prosecutors are in the form of an affidavit-complaint (because it is sworn).

Affidavit-Complaint A complaint presented as an affidavit: you narrate facts based on personal knowledge, swear to them, and attach supporting evidence and witness affidavits.

Information An Information is the formal criminal charge filed in court by the prosecutor after finding probable cause. Private persons generally do not file the Information (with limited exceptions).

2) Where You File Depends on the Case

A) Filing with the Prosecutor (most common)

You file an affidavit-complaint with the Office of the Prosecutor when the case requires preliminary investigation or when practice is to route it through the prosecutor for evaluation.

B) Filing directly in court (some cases)

For certain offenses—often those within the jurisdiction of first-level courts and where no preliminary investigation is required—criminal actions may be instituted directly in court by filing a complaint, following the applicable rules and local practice.

C) Inquest (if the suspect is arrested without a warrant)

If the respondent is lawfully arrested without a warrant and is detained, the case is typically evaluated through inquest proceedings. The affidavit-complaint and supporting affidavits still matter, but the timeline and procedure are different.

3) Before You Write: Check These Practical Requirements

A) Barangay conciliation (Katarungang Pambarangay)

Some disputes between individuals living in the same city/municipality may require barangay conciliation first, unless the matter is exempt (e.g., certain urgent situations, government as a party, heavier offenses, etc.). If your case is covered, the prosecutor may require proof of compliance (e.g., certification to file action).

B) Prescription (time limits)

Crimes prescribe—meaning the right to prosecute can expire. If you are near a deadline, file promptly.

C) Identify the correct respondent and venue

Correct legal name, aliases, address, and other identifiers help service of subpoenas and later proceedings.
Venue generally relates to where the crime happened (or where an element occurred), with special rules for certain offenses.

4) The Purpose: Establish “Probable Cause,” Not “Proof Beyond Reasonable Doubt”

At the complaint stage, you are not required to prove guilt beyond reasonable doubt. What you must present is enough factual basis and evidence to show probable cause—a reasonable belief that:

a crime was committed, and
the respondent is probably guilty.

Your affidavit-complaint should therefore be fact-driven, specific, and supported by attachments.

5) Core Qualities of a Strong Affidavit-Complaint

A good affidavit-complaint is:

Personal-knowledge based (what you saw, heard, experienced, received, paid, signed, demanded, etc.)
Specific (dates, times, places, amounts, identities, exact words if relevant)
Element-aware (it covers the legal elements of the crime through facts)
Organized (chronological or issue-based structure)
Corroborated (documents, screenshots, medical records, photos, CCTV, receipts, chat logs, certifications, witness affidavits)
Clean and credible (no exaggeration, no unnecessary insults, no legal conclusions without facts)

6) Recommended Structure (Philippine Practice)

1) Caption and Title

Typical caption:

REPUBLIC OF THE PHILIPPINES OFFICE OF THE CITY/PROVINCIAL PROSECUTOR [City/Province]

AFFIDAVIT-COMPLAINT (For: [Name of Offense], e.g., Theft / Estafa / Slight Physical Injuries / Grave Threats / etc.)

Some offices also use a case heading format with “Complainant vs. Respondent,” but formats vary.

2) Introductory Paragraph (Personal Circumstances)

State who you are and your capacity.

Include:

Full name, citizenship, legal age, civil status (optional but common), occupation (optional), address
That you are executing the affidavit to file charges against the respondent(s)

Example:

I, [Name], Filipino, of legal age, and residing at [Address], after having been duly sworn, depose and state:

3) Respondent’s Identity

Give what you know:

Full name, aliases
Address (last known)
Workplace or other contact points
Relationship to complainant
If unknown identity, describe clearly (and explain how identification can be made)

4) Statement of Facts (Numbered, Chronological)

This is the heart of the affidavit. Use numbered paragraphs.

Include:

When it happened (exact date/time; if approximate, say so and explain)
Where it happened (complete address/landmark)
What happened (step-by-step acts)
Who did what (respondent’s acts; other persons present)
How you know (personal knowledge; attach proof; identify witnesses)
Injury/damage (physical injuries, loss, fear, reputational harm, amounts, etc.)
Demands and refusal (important for many property/obligation-related cases)

5) Evidence References (Exhibits)

As you narrate, point to attachments:

“A copy of the receipt is attached as Annex ‘A’”
“Screenshots of the conversation are attached as Annex ‘B’ series”
“Medical certificate is Annex ‘C’”
“Photos are Annex ‘D’ series”
“Barangay certification is Annex ‘E’”

6) Witnesses and Other Affidavits

If there are witnesses, note:

Their names and roles
That their sworn affidavits are attached

7) Legal Characterization (Keep it Short)

You may add a brief paragraph stating the offense(s) you believe were committed based on the facts. Avoid long legal essays—prosecutors prefer facts.

Example:

The foregoing acts constitute [offense], as the respondent [brief link to elements], to my damage and prejudice.

8) Prayer

Ask the prosecutor to:

Conduct the proper proceedings (PI/inquest if applicable)
Find probable cause
File the appropriate Information in court

Example:

WHEREFORE, I respectfully pray that criminal charges for [offense] be filed against [Respondent] and that he be prosecuted in accordance with law.

9) Signature and Jurat (Oath)

You sign, then swear before a notary public or authorized administering officer.

IN WITNESS WHEREOF, I have hereunto set my hand this [date] at [place]. [Signature] [Name]

Jurat is the notarization portion (“SUBSCRIBED AND SWORN to before me…”). Most prosecutor’s offices require personal appearance with competent ID.

7) What to Attach (Common Annexes Checklist)

Attach only what you can authenticate and explain.

Identity / basic documents

Government ID of complainant (often required for notarization and filing)
Authorization and IDs if filed through a representative (some offices require SPA/authorization, depending on circumstances)

Proof of the incident

Photos/videos/CCTV (if CCTV, include a letter/request and what you obtained; chain of custody matters later)
Medical certificate / medico-legal (for physical injuries)
Police blotter / incident report (if any)
Barangay blotter / barangay certifications (if relevant)
Receipts, invoices, delivery records
Demand letter and proof of receipt (courier tracking, acknowledged copy, email logs)
Chats/emails/texts with context (include timestamps, full threads when possible)

For online/cyber-related complaints

Screenshots showing URLs, usernames, timestamps
A brief explanation of how you accessed/obtained the content
Any platform responses, takedown reports, or verification steps
Device/account ownership context (whose account, whose number, etc.)

Witness affidavits

Witness affidavits should be separate, sworn documents—ideally mirroring the timeline and supporting key points (identity, act, time/place, damage).

8) Drafting Tips That Actually Move a Prosecutor

A) Write for credibility

Use plain language.
Avoid overstatements (“clearly guilty,” “obviously”)—let facts speak.
Admit what you do not know, then explain what you do know.

B) Cover the usual “probable cause” weak points

Prosecutors often dismiss complaints due to:

Unclear identity of respondent
Vague date/time/place
Purely conclusory allegations with no details
Hearsay (no personal knowledge; no competent supporting affiants)
No proof of key elements (e.g., no demand, no proof of ownership, no proof of taking, no proof of injury, etc.)
Civil dispute dressed up as criminal (facts show breach of contract without criminal elements)

C) Use a timeline

A mini timeline inside the affidavit (or as an annex) helps:

“On 10 June 2025… On 12 June 2025… On 15 June 2025…”

D) Label annexes cleanly

Use:

Annex “A”
Annex “B” series (B-1, B-2, B-3) for multiple screenshots

E) Keep it readable

Numbered paragraphs, one event per paragraph, short sentences.

9) Special Situations You Should Address in the Affidavit

Multiple respondents

State each person’s participation. Avoid lumping everyone together unless facts support conspiracy.

Minors, vulnerable persons, or sensitive offenses

Additional protections and special rules may apply. Drafting should be careful, factual, and privacy-conscious.

Corporate respondents

If the respondent is a corporation, you usually still identify the responsible officers/employees who committed the acts, and explain agency/authority.

Evidence that could be challenged later

If authenticity may be questioned, explain:

how it was obtained,
where it was stored,
and who has control of it.

10) After Filing: What Happens Next (Typical Flow)

Docketing and raffle/assignment to an investigating prosecutor.
Issuance of subpoena to respondent(s) with a copy of the complaint and annexes.
Respondent files a counter-affidavit and supporting evidence.
Complainant may file a reply-affidavit (if allowed/required by the office).
Possible clarificatory hearing (discretionary).
Prosecutor issues a resolution:
- Dismissal; or
- Finding of probable cause and filing of Information in court.
If Information is filed: court processes (raffle, warrant/arraignment, trial).
Remedies vary (e.g., motion for reconsideration within the prosecution office; appeal/review to the DOJ in many contexts), subject to rules and timelines.

11) Template: Affidavit-Complaint (Copy-and-Fill)

REPUBLIC OF THE PHILIPPINES OFFICE OF THE [CITY/PROVINCIAL] PROSECUTOR [City/Province]

AFFIDAVIT-COMPLAINT (For: [Offense])

I, [Your Full Name], Filipino, of legal age, and residing at [Address], after having been duly sworn, depose and state:

That I am [brief background and relationship to respondent, if any].

That the respondent is [Respondent Name], also known as [Aliases], with last known address at [Address], and may be reached at [Workplace/Other details].

That on or about [Date] at around [Time] in [Place], the following happened: [Narrate step-by-step facts in numbered paragraphs].

That I personally know the foregoing facts because [state basis: I was present / I received the money / I own the item / I was the one injured, etc.].

That the respondent’s acts caused [injury/loss/damage] described as follows: [amounts, injuries, effects].

That attached are the following documents supporting this complaint:

Annex “A”: [description]

Annex “B” series: [description]

Annex “C”: [description]

That the foregoing acts constitute [Offense], to my damage and prejudice.

WHEREFORE, I respectfully pray that criminal charges for [Offense] be filed against [Respondent], and that such other reliefs as are just and equitable be granted.

IN WITNESS WHEREOF, I have hereunto set my hand this [date] at [place].

[Signature over Printed Name]

SUBSCRIBED AND SWORN to before me this ___ day of ______ 20__ at ________, affiant exhibiting to me competent proof of identity: [ID details].

12) Example Skeleton (Illustrative Only)

If you’re alleging a property-related offense, your facts usually need to show:

ownership/possession,
taking/misappropriation,
lack of consent (or abuse of trust/deceit),
intent, and
resulting damage.

So your affidavit would naturally include:

proof of ownership (receipts, registration, delivery),
how respondent got access (entrustment, employment, borrowing, delivery),
the act of taking or refusal to return,
demand and refusal (when relevant),
valuation of loss.

For injury-related offenses:

exact incident narrative,
identity of assailant,
injury documentation (medical/medico-legal),
witnesses,
place/time.

13) Common Mistakes to Avoid

Copy-pasting legal elements without facts. Prosecutors need details, not labels.
Using only screenshots with no explanation. Provide context: who owns the account/number, when, how it relates.
Hearsay-only affidavits. If you didn’t personally witness a key act, secure affidavits from those who did.
No respondent address/identity. It delays or kills subpoena service.
Filing the wrong offense. Focus on facts; the prosecutor can determine the best charge if your facts are complete.
Turning a purely civil dispute into a criminal case. If the facts show breach of contract without deceit/intent/illegal taking, dismissal is common.

14) Practical Filing Tips

Bring multiple sets (often 2–3+) of the affidavit and annexes, properly labeled and paginated. Requirements vary per office.
Keep a master copy of all attachments (and digital backups).
Make sure every annex you mention is actually attached.
Be ready to identify and authenticate your evidence if called for clarification.
If the respondent is detained, tell the prosecutor’s office immediately because inquest timelines can be tight.

15) When to Get Legal Help

Consider consulting a Philippine lawyer if:

the case involves large sums, serious injuries, or multiple respondents,
there are jurisdiction/venue complications,
you anticipate countercharges,
you need preservation of digital evidence or CCTV with proper handling,
the matter involves sensitive or specialized laws.

If you tell me (1) the general nature of the incident (e.g., theft, estafa, threats, physical injuries), (2) the timeline, (3) where it happened, and (4) what evidence you already have, I can draft a tailored affidavit-complaint in proper form and tone, with annex labels and a clean fact structure.