In the Philippine legal system, the initiation of several types of legal actions—ranging from criminal complaints at the Prosecutor’s Office to administrative cases before the Office of the Ombudsman or the Civil Service Commission—requires the submission of a Verified Complaint Affidavit.
A Complaint-Affidavit is not merely a narrative of events; it is a formal sworn statement that serves as the foundational pleading of a case. Its primary purpose is to establish probable cause or a prima facie case against a respondent.
Core Requirements for a Valid Complaint Affidavit
Under the Rules of Court and relevant administrative regulations, a Complaint-Affidavit must meet specific formal and substantive requirements to be considered valid and actionable.
1. Formal Requirements
Designation of Parties: The document must clearly state the full names and known addresses of both the Complainant (the person filing) and the Respondent (the person being sued).
Statement of Facts: The allegations must be stated in a methodical and logical manner. It should answer the "Who, What, When, Where, and Why" of the incident.
Verification: This is the most critical formal element. A "Verified" complaint means the affiant (complainant) signs a statement under oath attesting that:
The allegations are true and correct based on their personal knowledge or authentic records.
The complaint is not filed to harass or cause unnecessary delay.
Certification Against Forum Shopping: For civil and some administrative cases, the complainant must certify that they have not filed the same claim in any other court or tribunal.
2. Substantive Requirements
- Personal Knowledge: The affiant must generally have personal knowledge of the facts alleged. If the affiant did not witness the act, the complaint should be supported by affidavits of witnesses who did.
- Attachment of Evidence: All documentary evidence (contracts, receipts, CCTV footage, screenshots) mentioned in the affidavit must be attached as "Annexes" (e.g., Annex "A", Annex "B").
- Averment of Specific Violations: The affidavit must clearly point to the specific law or rule violated (e.g., "Violation of Article 315 of the Revised Penal Code for Estafa").
The Notarization Process
Before filing, the Complaint-Affidavit must be notarized. This involves the complainant appearing personally before a Notary Public or a government official authorized to administer oaths (such as a Prosecutor or a Clerk of Court).
- Competent Evidence of Identity: The affiant must present a government-issued ID that includes a photograph and signature (e.g., Passport, Driver’s License, UMID).
- Jurat: The notary will attach a "Jurat," which is the clause stating that the document was subscribed and sworn to before them.
Fees Associated with Filing
The cost of filing a Verified Complaint Affidavit varies significantly depending on the nature of the case and the venue.
1. Criminal Complaints (Prosecutor's Office)
Generally, there are no filing fees for initiating a criminal complaint at the National Prosecution Service (NPS) for most crimes. However, the complainant will still incur:
- Notarial Fees: If notarized by a private Notary Public (rates vary by lawyer).
- Documentary Stamp Tax (DST): Usually required for the notarized document.
2. Civil Cases (Regional/Metropolitan Trial Courts)
Filing a civil complaint requires the payment of docket fees. These are calculated based on:
- The total amount of damages claimed (Actual, Moral, Exemplary).
- The assessed value of the property involved.
- Legal Fees for the Judiciary Development Fund and the Special Allowance for the Judiciary.
3. Administrative Cases
- Ombudsman: Filing a complaint against a public official is generally free of charge, though notarization is required.
- Labor Cases (NLRC): Filing a complaint for illegal dismissal or money claims is free for employees.
Summary Table: Quick Reference
| Requirement | Description |
|---|---|
| Verification | A sworn statement that allegations are true and based on personal knowledge. |
| Forum Shopping | A certification that no similar case is pending elsewhere. |
| Evidence | All supporting documents must be labeled as Annexes. |
| Identification | A valid, government-issued photo ID is mandatory for notarization. |
| Docket Fees | Required for civil cases; usually free for criminal and labor cases. |
Consequence of Non-Compliance
Failure to verify a complaint or comply with the rules on certification against forum shopping is often grounds for a motu proprio dismissal (dismissal by the court's own motion) or a dismissal upon a motion by the opposing party. Furthermore, willfully making false statements in a Verified Complaint Affidavit can lead to criminal liability for Perjury under Article 183 of the Revised Penal Code.