How and Where to File a Criminal Trespass Complaint in the Philippines
(Comprehensive practitioner-level guide, updated to July 2025)
1. Statutory foundations
| Offense | Revised Penal Code (RPC) provision | Essence of the act | Prescribed penalty* |
|---|---|---|---|
| Qualified Trespass to Dwelling | Art. 280 | Unauthorized entry to another’s dwelling against the latter’s will | Prisión correccional, medium period (2 yrs 4 mos 1 day – 4 yrs 2 mos) + fine ≤ ₱100,000 (fine updated by R.A. 10951) |
| Other Forms of Trespass | Art. 281 | Entering any fenced estate or closed premises without consent and without lawful business | Arresto menor or arresto mayor + fine ≤ ₱40,000 |
| * Penalties are shown after the 2017 adjustment under Republic Act 10951. |
2. Elements the complainant must ultimately prove
- Entry: There was an actual entrance onto real property or a dwelling.
- Agency: Entry was by the accused personally or through an agent/animal/device he controlled.
- Lack of authority: Entry was without the owner’s or lawful occupant’s express or implied permission.
- Presence of prohibition or opposition: Either (a) an existing prohibition (fence, sign, words, prior warning) or (b) the owner or occupant expressly opposed the entry at the time.
- Animus intrandi: Intent to enter, not mere accident or force majeure.
(For Art. 280, the place must be a dwelling; for Art. 281 it may be any fenced/closed property.)
3. Venue and forums — Where to start the case
| Stage | Proper office | Governing rule | Practical notes |
|---|---|---|---|
| A. Barangay conciliation (mandatory except in enumerated cases) |
Punong Barangay / Lupon Tagapamayapa of the barangay where the property lies or where any party resides. | R.A. 7160 (1991 LGC) § 399-422; Katarungang Pambarangay Rules (2018). | Required when (i) all parties are natural persons, (ii) reside in the same town or cities within the same Metro Manila area, and (iii) penalties do not exceed prisión correccional max. Not required when: respondent is a public official acting in official duties; parties reside in different cities/municipalities (except in same Metro Manila area); urgent inquest; one party is a juridical person, etc. |
| B. Police blotter / incident report | Nearest PNP Station or Women & Children Desk (if gender-based component) | PNP LOI 11/02; PNP Criminal Investigation Manual. | Not legally indispensable but highly advisable. The desk officer records the incident, issues Police Blotter Extract, may invite respondent for clarificatory interview, and forwards findings to prosecutor. |
| C. Office of the City/Provincial Prosecutor (“Fiscal’s Office”) |
Office with territorial jurisdiction over the property (place of commission). | Rule 112, Sec. 3 (1997 Rules of Criminal Procedure, as amended). | Requirements: • Sworn Complaint-Affidavit (narrative of facts, elements). • Supporting affidavits of witnesses. • Evidence (photos of fence, CCTV, tax declaration, police blotter). • Barangay Certification to File Action (if settlement failed / not covered). • IDs plus ₱5–50 documentary-stamp tax on affidavits (varies by LGU). |
| D. Inquest proceedings (if respondent is arrested in flagrante without warrant) | Same Prosecutor’s Office, inquest unit. | Rule 112, Sec. 5(b). | Must be conducted within 36 hours (maximum for offenses with penalty ≤ prisión correccional). Prosecutor decides on immediate filing of Information or release for regular PI. |
| E. Trial court | Municipal/Metropolitan Trial Court (MTC/MeTC) of the locality. | B.P. 129 § 32 (as amended by R.A. 7691). | MTCs have exclusive original jurisdiction over offenses punishable by imprisonment ≤ 6 years, covering both Art. 280 & 281. Information is filed by the prosecutor after finding of probable cause. In Metro Manila, it is the MeTC. |
| F. Ombudsman (special) | Office of the Ombudsman | R.A. 6770 | Only when the alleged trespass is committed by a public officer with connection to official duties (e.g., illegal entry by barangay tanod during inspection). |
4. Step-by-step workflow for complainants
Document and secure evidence Take dated photographs, save CCTV clips, keep incident logs and text exchanges, locate land or building titles/leases.
Police blotter (optional but strategic) Obtain a Blotter Extract—courts treat it as prima facie evidence of the timing of the complaint.
Barangay filing
- • Go to the Punong Barangay.*
- • Fill out Complaint Form; attach copy of IDs and evidence.*
- • Attend mediation (within 15 days) then conciliation (another 15 days).*
– Success: Settlement Agreement is enforceable by execution. – Failure/Refusal: Lupon issues Certification to File Action (CFA).
Preparation of Complaint-Affidavit Include:
- Parties’ personal circumstances.
- Detailed narration: date, time, specific acts satisfying the elements.
- Citation of Art. 280 or 281 (with qualifying circumstances such as nighttime, by means of disguise, with armed men).
- Damages/injuries suffered (for restitution or temperate damages).
- Prayer: filing of appropriate Information. Notarize / administer oath before Assistant City Prosecutor or any authorized officer.
Lodging with the Prosecutor Submit five sets: original + 4 copies (one each for records, court, accused, and prosecutor). No filing fee for criminal complaints.
Preliminary investigation
- Day 0 : Complaint is docketed; subpoena & Counter-Affidavit due in 10 days.
- Day 20 : Complainant may file Reply within 10 days.
- Day 30+ : Case submitted for resolution; prosecutor has 60 days (DOJ Circular 70-2000). Outcome → (a) Information in court or (b) Dismissal.
Filing of Information & Raffling Prosecutor signs Information; Clerk of Court raffles to the proper MTC branch.
Arraignment & trial Must occur within 30 days from filing (Speedy Trial Act).
5. Jurisdictional & procedural nuances
| Issue | Key take-aways |
|---|---|
| Multiple offenders / conspiracy | A single Information may be filed against all who acted in concert. |
| Civil action | Under Art. 100 RPC & Rule 111, civil action for damages is deemed instituted with the criminal action unless complainant expressly reserves or files separate action for ejectment or recovery of possession. |
| Prescription | Art. 90: • Art. 280 offense (≤ 6 yrs penalty) - 10 years to file; • Art. 281 offense (≤ arresto mayor) - 5 years. Barangay proceedings toll prescription. |
| Protective remedies | If trespass is accompanied by threats or violence, victim may seek a Barangay Protection Order (for VAWC cases) or apply for a Temporary Restraining Order in civil court alongside ejectment. |
| Corporate or government land | For government land, DENR or LGU may also pursue administrative ejectment; criminal trespass still lies against natural-person intruders. For corporate property, party-in-interest is the registered owner or lawful lessee. |
| Settlement after filing | Prosecutor may move to withdraw Information upon Affidavit of Desistance, but courts are not bound and may proceed in the interest of justice. |
| Special plea bargaining | Accused may plead to Unjust Vexation (Art. 287) if circumstances warrant a lesser offense; subject to prosecutor and court approval. |
6. Evidence tips for a strong complaint
- Photographic evidence should show angle, landmarks, date stamp.
- Videos: provide playable copy plus transcript of relevant portions.
- Physical barriers/fences: show padlocks, warning signs, and any damage done.
- All affidavits must state the affiant’s exact vantage point and what was seen or heard.
- If armed trespass: describe type of weapon and demeanor; consider separate charge for Illegal Possession of Firearms (R.A. 10591).
7. Model outline of a Complaint-Affidavit
I. Personal Circumstances of Parties II. Material Facts (chronological, numbered paragraphs) III. Grounds for the Charge (quote Art. 280/281, relate elements) IV. Evidence (enumerated list of annexes) V. Compliance with Barangay Conciliation (attach CFA or invoke exemption) VI. Prayer (request filing of Information and issuance of warrant) VII. Verification and Oath
8. Post-resolution remedies
| If prosecutor dismisses | Motion for Reconsideration (within 15 days) → If denied, Petition for Review to the Secretary of Justice (within same 15 days from denial). | | If court acquits | Double jeopardy bars refiling, unless the dismissal was without adjudication on the merits and with express consent of accused (e.g., provisional dismissal). | | If court convicts | Accused may appeal to RTC (acting as Appellate Court) within 15 days under Rule 122. Civil damages may be enforced via writ of execution. |
9. Quick-reference checklist for complainants
- □ Secure evidence and ID every intruder.
- □ Check if barangay conciliation is mandatory; if yes, file within 60 days of incident to avoid laches.
- □ Get Certification to File Action or note exemption.
- □ Prepare notarized Complaint-Affidavit + annexes.
- □ File with correct Prosecutor’s Office (territorial rule).
- □ Monitor subpoenas and submission dates.
- □ Attend clarificatory hearings if summoned.
- □ Upon Information’s filing, follow-up for arraignment schedule.
- □ Prepare for testimony—review affidavits, rehearse cross-examination answers.
- □ Pursue civil damages or restitution concurrently if desired.
10. Key take-aways
The first stop for most trespass disputes is still the Barangay Lupon; skipping it, absent a valid exemption, is fatal to the prosecution. Filing directly with the police or prosecutor is procedurally correct only when an exemption applies (e.g., parties in different cities, respondent a corporation, or an inquest situation).
Ultimately, the Information will land in the Municipal Trial Court, which can impose up to 4 years 2 months imprisonment for qualified trespass. Thorough documentation, timely barangay compliance, and a precise Complaint-Affidavit are what transform an inconvenient incident into a prosecutable criminal case.
Prepared by: [Your-Law-Office-Name], Litigation and Property Practice Group (For educational and informational purposes; not a substitute for individualized legal advice.)