Victim’s Family Rights to File a Criminal Case in the Philippines (A comprehensive legal guide)

1. Crimes Are Offenses Against the State — but the Family Is the Usual Trigger

Under Philippine law every criminal act is deemed an offense against the People of the Philippines. Only the State, represented by the public prosecutor and ultimately by the courts, can “prosecute.” The role of the victim or the victim’s heirs is to initiate and thereafter assist. That role is powerful, and when exercised knowledgeably it can determine whether a case is ever filed in court.

Rule 110, § 1, Rules of Criminal Procedure — “All criminal actions shall be instituted by complaint or information. A complaint is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other competent person.”
When the offended party is dead, the “heirs” acquire standing to execute and file the complaint-affidavit, supply evidence, and hire a private prosecutor.

2. Who Exactly Are “Heirs” or Authorized Relatives?

Preferred Filer	Governing Provision	Notes
Spouse	Civil Code & Rule 110, § 3	Even if separated in fact, unless legally void/voided.
Surviving Children (legitimate, legitimated, adopted, illegitimate)	Family Code; Art. 887 Civil Code	Minors act through a legal guardian.
Parents	Art. 220 Civil Code (parental authority)	If spouse & children are unavailable.
Grandparents / Ascendants / Siblings	In that order	Recognized when nearer heirs cannot or will not act.
Any relative within the 4th civil degree	In crimes requiring a private complaint (see Sec. 5 below)	Must show special interest.

In practice a prosecutor accepts the complaint if the affiant shows (1) relationship, and (2) an explanation why nearer heirs are unable or unwilling to file.

3. Procedural Roadmap from Police Station to RTC

Initial report & evidence preservation
- Scene investigation, medico-legal exam, autopsy.
- The family may supply CCTV clips, devices, sworn statements.
Complaint-Affidavit (CA).
- Executed before police investigator or National Prosecution Service (NPS).
- Must narrate facts, identify respondent(s), attach proof of relationship and supporting records (e.g., death certificate, autopsy).
Barangay conciliation?
- Katarungang Pambarangay Law (RA 7160) requires mediation for minor offenses where parties reside in the same barangay.
- Exempt: offenses punishable by > 1-year imprisonment, crimes by public officers, offenses with no private offended party. Most homicide-related cases therefore skip this step.
Inquest or Preliminary Investigation (PI).
- Inquest if the respondent was arrested without warrant and is in custody.
- PI (Rule 112) for warrantless cases or if arrest did not occur. The heirs have the right to present additional evidence during PI.
Resolution, Filing of Information & Review.
- The prosecutor’s resolution is subject to review at the regional and DOJ levels upon petition by either party.
Court arraignment and trial.
- The public prosecutor controls the case, but heirs may retain a private prosecutor (Rule 110, § 16) “subject to the control and supervision of the public prosecutor.”
- The private prosecutor may handle direct & cross-examination, offer documentary exhibits, and appear on appeal (People v. Dizon, G.R. 183563, 2010).

4. Crimes Requiring a Private Complaint (Art. 344, Revised Penal Code)

Some “family honour” offenses cannot be prosecuted at all unless the offended woman or certain relatives file the complaint:

Offense	Who may file	Special Conditions
Adultery & Concubinage	Only the offended spouse	Must include both guilty parties; prior forgiveness is a bar; once filed cannot be withdrawn except with court approval.
Seduction, Qualified Seduction, Acts of Lasciviousness, Abduction	Victim if 18 +, else parents, grandparents, or guardian	Marriage of offender and victim extinguishes criminal liability (except in Acts of Lasciviousness).

If the victim dies before filing, most of these crimes cannot proceed; the law treats the right as strictly personal.

5. When the Family May Prosecute Themselves

Although the State normally prosecutes, victims or heirs can conduct the prosecution in the Municipal Trial Courts for “offenses punishable by imprisonment not exceeding six months or a fine not exceeding ₱1,000” (Rule 110, § 5) — e.g., slight physical injuries, slander. This right is rarely invoked in death-related cases but is vital in assault or threat incidents if the prosecutor dismisses for lack of interest.

6. The Civil Action: Damages Without a Separate Suit

Art. 100, Revised Penal Code — “Every person criminally liable is also civilly liable.”
The civil action for indemnity, moral, exemplary and temperate damages, loss of earning capacity, funeral expenses is deemed instituted with the criminal case unless the heirs (a) reserve it, or (b) file a separate civil case first (Rule 111).
Automatic civil indemnity: For example, in murder a minimum of ₱100,000 civil indemnity is awarded without proof other than the fact of death (People v. Jugueta, G.R. 202124, 2016).

7. Ancillary Rights and Protective Measures

Statute	Key Family Rights
RA 10353 (Anti-Enforced Disappearance)	Right to participate in Writ of Amparo proceedings, mandatory inquest, and access to investigation findings.
RA 6981 (Witness Protection, Security and Benefit Act)	Relatives of principal witnesses may also be relocated and protected.
RA 9262 (Anti-VAWC) & RA 8353 (Anti-Rape Law)	Parents or ascendants may apply for Protection Orders and Ex-parte Temporary PO on behalf of victim.
RA 7309 (Victims Compensation Program)	Heirs of homicide-murder victims may claim state compensation up to ₱50,000 per victim.

8. Desistance, Affidavits of Desistance, and Plea Bargaining

A complainant’s affidavit of desistance does not automatically dismiss a criminal case; the prosecutor or court must still evaluate sufficiency of evidence (People v. Baui, G.R. 215806, 2019).
In settlement negotiations the heirs may consent to plea bargaining, but the court and prosecutor have the final word (A.M. 19-08-15-SC Plea-Bargaining Guidelines).

9. Common Pitfalls & Practical Tips for Families

Delay is fatal. Evidence (CCTV, phone logs) can be overwritten in days. Secure copies immediately.
Name all suspects early. Adding an accused later may be barred by prescription or lack of probable cause.
Attend every PI setting. Non-attendance is sometimes taken as lack of interest and may embolden a dismissal.
Hire a private prosecutor when the case reaches court — especially for complex homicide where medico-legal and ballistics issues need active presentation.
Keep receipts & income proofs (payslips, ITRs) to substantiate loss-of-earning-capacity claims.
Tap barangay and LGU assistance desks for psychological first aid, counseling, and referrals to the Public Attorney’s Office (PAO) if resources are limited.

10. Key Take-Aways

Initiation Power. The victim’s family starts the engine of criminal justice by a sworn complaint; without it many crimes never move.
Participation Right. After filing, heirs may actively assist through a private prosecutor, victim impact statements, and protection order applications.
Civil Redress. Damages ride with the criminal case—no need for a separate lawsuit unless strategically reserved.
Limitations. Ultimate control lies with the public prosecutor and the court; family influence ends where prosecutorial discretion begins.
Knowledge & Vigilance. Understanding timelines, documentary requirements, and protective statutes allows families to navigate the system and obtain both justice and compensation.

This article synthesizes the Revised Penal Code, Rules of Criminal Procedure, special penal laws, and leading Supreme Court jurisprudence as of June 9 2025. It is intended for general information only and is not a substitute for formal legal advice.