Quick answer

To start a criminal case in the Philippines, prepare a sworn complaint-affidavit describing the crime, the person responsible, and the supporting evidence, then file it with the prosecution office that has territorial authority over the place where the crime—or an essential element of it—occurred. You may first report the incident to the police or the appropriate investigative agency, but a police blotter alone is not a criminal complaint.

Depending on the offense, the prosecutor will conduct a summary investigation, expedited preliminary investigation, regular preliminary investigation, or—if the suspect was lawfully arrested without a warrant—an inquest. If the evidence meets the applicable standard, the prosecutor files an Information in court. The court, not the complainant or police, determines whether to issue a warrant of arrest.

Some disputes must first undergo barangay conciliation. Special laws, urgent safety concerns, offenses requiring a complaint from a particular person, and cases handled by specialized agencies may follow different rules.

What a criminal complaint is

Under Rule 110 of the Rules of Criminal Procedure, a complaint is a sworn written statement charging a person with an offense. It may be subscribed by the offended party, a peace officer, or another public officer responsible for enforcing the law violated.

A complaint-affidavit is different from:

A police blotter, which merely records a report;
An Information, which is the formal accusation filed in court by an authorized prosecutor; and
A civil complaint, which seeks a private remedy such as damages, payment, or enforcement of a contract.

Most criminal prosecutions are controlled and directed by the public prosecutor in the name of the People of the Philippines. A complainant supplies evidence and participates in the proceedings but does not personally control whether an Information will be filed.

Where to begin

Report immediate danger first

If someone is in danger, injured, missing, being threatened, or at risk of further violence, contact the police or the appropriate emergency or protective service immediately. Obtain medical treatment when necessary. Do not delay urgent protection merely to complete an affidavit.

Victims of violence against women and their children may seek protection under Republic Act No. 9262. Barangay officials may issue a barangay protection order for acts covered by the law, while courts may issue temporary or permanent protection orders. Conciliation or mediation should not be used to pressure a victim into compromising a VAWC complaint.

Cases involving children, sexual violence, trafficking, cybercrime, dangerous drugs, public corruption, environmental offenses, or violations committed by public officers may require coordination with specialized police units or agencies.

Identify the proper prosecution office

As a general rule, file with the Office of the City Prosecutor or Office of the Provincial Prosecutor covering the place where the offense was committed or where one of its essential elements occurred.

Venue can be complicated when:

The conduct happened in several cities or provinces;
Money or property was transferred through banks or online services;
Messages were sent and received in different places;
The offense occurred aboard a vehicle, vessel, or aircraft;
The respondent is a public officer; or
A special law assigns the case to a particular agency or court.

When venue is uncertain, bring the documents to the prosecution office for assessment or consult a lawyer before prescription becomes an issue.

Rule 110 also permits certain complaints for offenses not requiring preliminary investigation to be filed directly with a first-level court. In Manila and other chartered cities, however, complaints are generally filed with the prosecutor unless the city charter provides otherwise. In practice, filing with the proper prosecution office is often the safer starting point because current DOJ rules provide investigation procedures for offenses across penalty ranges.

Check whether barangay conciliation is required

The Katarungang Pambarangay process may be a mandatory precondition when the dispute is within the authority of the lupon. This commonly concerns disputes between individuals who actually reside in the same city or municipality, subject to the venue rules in Section 409 of the Local Government Code.

Barangay conciliation generally does not cover, among others:

A dispute in which the government or a government agency is a party;
A dispute involving a public officer or employee concerning official functions;
An offense punishable by imprisonment exceeding one year or a fine exceeding ₱5,000;
An offense with no private offended party;
Parties who reside in different cities or municipalities, except when adjoining barangays and the parties agree to submit the dispute;
Situations in which the accused is detained;
Proceedings involving habeas corpus;
Actions coupled with specified provisional remedies; or
A case that may otherwise be barred by prescription.

Other statutes can create additional exceptions. For example, VAWC cases are not ordinary disputes for compulsory compromise.

When conciliation is required, complain first to the proper Punong Barangay. If no settlement is reached, obtain and preserve the appropriate Certificate to File Action. Filing directly with the prosecutor without satisfying a required barangay process can result in dismissal or referral.

Prepare the complaint-affidavit

Write a clear, chronological, fact-based account. Include:

Your full name, age or legal capacity, address, and contact details;
The respondent’s full name, aliases, and last known address, if known;
The date, approximate time, and exact or best-known place of each material event;
What the respondent personally did or failed to do;
How you know each fact;
The identity of witnesses and what each one observed;
The injury, loss, threat, or other harm caused;
The documents, objects, recordings, or electronic records supporting the account; and
A request that the respondent be investigated and charged with the offense established by the evidence.

Do not simply recite statutory language. State the concrete acts that may satisfy every element of the suspected offense. If you do not know the exact legal designation, describe the facts accurately rather than guessing.

The complaint-affidavit and witness affidavits must be properly sworn before an officer authorized to administer oaths. Do not sign them in advance if the receiving office requires signing in the administering officer’s presence. False statements under oath can carry legal consequences.

Organize the supporting evidence

Attach legible, properly labeled copies. Depending on the case, relevant evidence may include:

Photographs, videos, audio recordings, or CCTV footage;
Medical certificates, medico-legal reports, prescriptions, and hospital records;
Receipts, invoices, contracts, acknowledgment receipts, and demand letters;
Bank records, remittance confirmations, account statements, and transaction references;
Original messages, emails, call logs, URLs, usernames, and platform notices;
Birth, marriage, death, property, or corporate records;
Police reports, incident reports, blotter extracts, or barangay certifications;
Expert, audit, laboratory, or forensic reports;
Proof of ownership or possession;
Witness affidavits; and
Evidence identifying the respondent, such as verified account information or official records.

Create an annex index—for example, “Annex A: Medical Certificate” and “Annex B: Screenshots of Messages”—and refer to each annex in the affidavit.

The prosecution office may require a particular number of paper copies, data sheets, folders, electronic media, or proof of service. Requirements and available electronic filing channels can vary by office. Confirm them directly with the receiving prosecution office before filing; do not assume that an emailed complaint has been officially docketed.

Preserve electronic and physical evidence properly

For electronic evidence:

Keep the original device and original files;
Preserve the complete conversation, not only selected screenshots;
Retain dates, times, usernames, URLs, headers, and transaction identifiers;
Export or download account data when the platform permits;
Avoid editing, cropping, annotating, or repeatedly resaving the only copy;
Make secure backups;
Record who collected or copied the evidence and when; and
Promptly request preservation of CCTV or platform data that may be overwritten.

For physical evidence, avoid unnecessary handling, alteration, cleaning, or marking. Ask the proper law-enforcement agency how it should be surrendered and documented. Keep an inventory and obtain a receipt for anything turned over.

Secret recording can itself create legal issues under the Anti-Wiretapping Act and other privacy laws. Obtain legal advice before making or distributing covert recordings.

File and obtain proof of filing

At filing:

Bring the originals for comparison if requested, while ordinarily submitting copies unless the office lawfully takes custody of an original.
Present the complaint-affidavit, witness affidavits, annexes, barangay certificate if required, and the prosecution office’s intake forms.
Comply with lawful identification, oath, copy, and service requirements.
Ask for the official docket or NPS number.
Keep a receiving copy showing the date and office of filing.
Record the assigned prosecutor and scheduled proceedings, if already available.
Keep proof of every later submission and notice received.

Do not pay unofficial “facilitation” charges. Request an official receipt for any authorized payment.

The Supreme Court has held prospectively that filing the criminal complaint with the prosecution office tolls the prescriptive period, including for offenses covered by expedited first-level-court procedures. Nevertheless, never wait until the apparent deadline: prescription depends on the precise offense, governing statute, dates, interruptions, and sometimes special rules.

What happens after filing

Current DOJ-National Prosecution Service rules classify the process principally according to the penalty prescribed by law and the court having jurisdiction.

Summary investigation

DOJ Department Circular No. 28 covers summary investigation for offenses generally punishable by imprisonment from one day to one year, a fine regardless of amount, or both.

The prosecutor evaluates the complaint and supporting records under a streamlined procedure. Under the circular, no motion for reconsideration is entertained in a summary-investigation case.

Expedited preliminary investigation

The same circular generally applies expedited preliminary investigation to offenses punishable by imprisonment from one year and one day to six years, when the case falls exclusively within the jurisdiction of a first-level court.

The respondent may be directed to submit a counter-affidavit. Reply-affidavits and rejoinders are generally not entertained, although the prosecutor may conduct a clarificatory hearing when necessary. An aggrieved party may file a motion for reconsideration within ten calendar days from receipt of the resolution.

If an offense is legally cognizable by a Regional Trial Court despite its penalty, regular preliminary-investigation rules may apply.

Regular preliminary investigation

DOJ Department Circular No. 15 governs regular preliminary investigations by National Prosecution Service prosecutors for offenses generally punishable by at least six years and one day, without regard to the fine, as well as cases otherwise placed under that procedure.

The prosecutor may issue a subpoena requiring the respondent to submit a sworn counter-affidavit and supporting evidence. A preliminary investigation is not a full trial: witnesses ordinarily submit affidavits, although clarificatory proceedings may be conducted.

The current DOJ standard is prima facie evidence with reasonable certainty of conviction. This requires more than accusation or suspicion. The prosecutor evaluates whether the available evidence, considered with admissibility and possible defenses in mind, sufficiently supports filing the case in court.

The Supreme Court has recognized the DOJ’s authority to adopt these rules for executive preliminary investigations and inquests. The DOJ rules govern National Prosecution Service proceedings; other authorized investigative bodies may be governed by their own statutes and applicable rules.

Inquest after a warrantless arrest

When a person is lawfully arrested without a warrant, the case may proceed through inquest instead of an ordinary preliminary investigation. An inquest prosecutor evaluates the legality of the arrest and whether the evidence supports continued detention and the filing of charges.

This process moves quickly because constitutional and statutory limits govern detention without judicial charges. A person asked to sign a waiver of Article 125 of the Revised Penal Code should have the assistance of counsel. The arrested person may have procedural options concerning preliminary investigation, but those options and deadlines require immediate legal advice.

If the prosecutor dismisses or approves the complaint

If the complaint is dismissed, obtain the complete written resolution and note the exact date it was received. If an Information is approved, monitor which court receives it and the criminal case number.

Available remedies depend on whether the case underwent summary, expedited, or regular investigation and on the office that issued or approved the resolution. A motion for reconsideration or DOJ petition for review may be available in some cases, but the proper remedy, filing period, required copies, and effect on court proceedings are rule-specific. Some remedies use short periods counted from receipt.

Do not rely on an oral statement that the case was “dismissed” or “filed.” Secure the signed resolution and, when applicable, proof of the Information’s filing in court. Consult counsel immediately if you intend to challenge the resolution.

Civil damages connected with the crime

The civil action to recover civil liability arising from the offense is generally deemed instituted with the criminal action unless the offended party:

Waives the civil action;
Reserves the right to file it separately when reservation is legally permitted; or
Filed the civil action before the criminal case.

Special laws and particular causes of action may change the rule. Other civil claims may arise from contracts, independent civil actions, or separate sources of obligation. Before signing a waiver, settlement, quitclaim, affidavit of desistance, or reservation, obtain advice about its effect on both criminal and civil remedies.

An affidavit of desistance does not automatically require dismissal of every criminal case. Once a public offense is being prosecuted, the prosecutor and court assess the evidence and applicable law.

Common filing mistakes

Avoid these recurring problems:

Treating a police blotter as a filed criminal complaint;
Filing in a place with no connection to an essential element of the offense;
Skipping mandatory barangay conciliation;
Naming a person without evidence connecting that person to the act;
Submitting conclusions instead of a detailed chronology;
Omitting the respondent’s address, making service difficult;
Using incomplete, cropped, edited, or unauthenticated screenshots;
Failing to secure expiring CCTV or online data;
Attaching unreadable documents without an annex index;
Concealing facts that appear unfavorable;
Coordinating witness stories instead of preserving independent recollections;
Posting evidence or accusations publicly, creating privacy, defamation, or safety risks;
Giving away the only original document or device without an inventory and receipt;
Missing a subpoena, conference, reconsideration, review, or prescription deadline; and
Assuming that every breach of contract, unpaid debt, or failed business arrangement is automatically a crime.

A dishonest promise may support fraud charges only when the statutory elements and evidence are present. Mere nonpayment or failure to perform a contract does not by itself establish criminal liability.

When legal help is urgent

Seek a lawyer promptly when:

Someone faces immediate violence, stalking, retaliation, or intimidation;
A suspect has been arrested or detained;
The incident involves death, serious physical injury, sexual violence, trafficking, child abuse, kidnapping, firearms, drugs, or organized activity;
A search, seizure, digital-device examination, or freezing of assets is involved;
The respondent is a police officer, prosecutor, judge, elected official, or other public officer;
The events cross several jurisdictions or occurred online;
Prescription may be near;
The prosecution office rejected the filing or questioned venue;
You received a dismissal, subpoena, or adverse resolution with a short deadline;
The complaint could expose you to a countercharge; or
You are being asked to sign a settlement, waiver, desistance, or retraction.

A qualified private lawyer can assist. Depending on eligibility and the nature of the case, help may also be available from the Public Attorney’s Office, Integrated Bar of the Philippines legal-aid programs, local government legal-aid offices, or specialized victim-support agencies.

Frequently asked questions

Can I file without a lawyer?

Yes. A complainant may prepare and file a complaint-affidavit without private counsel. Legal assistance is nevertheless valuable when the offense, venue, evidence, prescription, or required prior procedure is uncertain.

Must I know the exact criminal charge?

Not necessarily. State the facts completely and truthfully. The prosecutor determines what offense, if any, the evidence supports. An incorrect label cannot replace missing factual allegations or evidence.

Can I file against an unidentified person?

The responsible person must be described as specifically as reasonably possible. For an unknown online offender or unidentified participant, law enforcement may need to conduct further investigation before the person can be properly charged.

Is a witness affidavit required?

Not in every case, but a sworn affidavit from each material witness ordinarily strengthens and clarifies the filing. The witness should recount only facts personally known to them.

Are screenshots enough?

Sometimes they contribute important evidence, but screenshots alone may be incomplete or difficult to authenticate. Preserve the device, original messages, account details, URLs, metadata, and surrounding conversation.

Will filing automatically cause an arrest?

No. Filing with the prosecutor begins an investigation. If the prosecutor later files an Information, the court independently evaluates the record for purposes of issuing a warrant or taking other authorized action. Different rules apply after a lawful warrantless arrest and inquest.

What if the respondent ignores the prosecutor’s subpoena?

The prosecutor may resolve the complaint based on the available evidence if the respondent was properly notified and fails to participate. The complainant must still submit evidence sufficient under the applicable standard.

Can the parties settle?

Settlement depends on the offense and the nature of the civil liability. Some disputes are subject to barangay settlement, but many crimes are public offenses that cannot be terminated solely by private agreement. Never use payment, threats, or pressure to obtain a false retraction.

How long will the process take?

The DOJ circulars prescribe periods for particular prosecutorial steps, but actual completion can depend on service of subpoenas, case build-up, clarificatory proceedings, record completeness, office workload, and authorized extensions. Keep contact details current and follow up using the docket number.

Does filing stop prescription?

A criminal complaint filed with the proper prosecution office now generally interrupts the running of the prescriptive period under the Supreme Court’s prospective ruling in Lambino v. Commission on Elections. Special laws may contain different rules, and an improperly directed or late filing can create disputes. File promptly and obtain dated proof of receipt.

Official legal sources

This article provides general Philippine legal information, not advice for a particular case. The correct offense, filing office, procedure, evidence, and deadline depend on the facts, documents, and laws involved. Legal sources and procedures were checked as of 1 September 2026.