1) Criminal actions, complaints, and “who starts the case”

In the Philippines, crimes against persons (e.g., homicide, murder, physical injuries, abortion-related offenses, abandonment, and related felonies under the Revised Penal Code) are prosecuted in the name of the People of the Philippines. The public prosecutor generally controls the prosecution once the case is in court.

But before a case is filed in court, someone has to set the process in motion—usually by making a criminal complaint.

Two concepts are often confused:

Criminal complaint (initiatory): A sworn statement/accusation that a person committed an offense, filed with the prosecutor’s office (for preliminary investigation) or with a law enforcement officer (for inquest/record purposes), depending on the situation.
Information: The formal charging document filed by the prosecutor in court (except in limited cases where the rules allow direct filing of a complaint in court for certain minor offenses).

In most crimes against persons, almost anyone with personal knowledge or sufficient information may complain and report the offense, but the prosecutor decides whether there is probable cause to file the Information.

There is an important exception category: “private crimes” that require a complaint by specific persons (discussed below). Most crimes against persons are not private crimes, but a few situations intersect with “private crimes” rules (notably certain forms of defamation or sexual offenses—though those are categorized elsewhere in the Code).

2) The general rule: who may file a complaint

A. Any offended party (victim) may file

The offended party—the person directly injured or whose right was violated—may file a criminal complaint. In crimes against persons, this is typically:

The injured person in physical injuries;
The victim (through representation) in offenses affecting bodily integrity or life, when able.

If the offended party is of age and competent, they may sign and verify the complaint personally.

B. If the offended party is a minor or incapacitated, a representative may file

When the offended party is:

A minor,
Mentally incapacitated,
Otherwise unable to protect their interests,

a complaint may be made through a parent, guardian, or authorized representative, consistent with general rules on representation. In practice, prosecutors accept complaints signed by parents/guardians for minors who are victims of injuries or related offenses.

C. In many public crimes, even a non-victim may initiate by complaint

For public crimes (the default), the law does not restrict initiation to the victim alone. A report and sworn complaint may be executed by:

A witness,
A relative,
Any person with knowledge of the facts,
A law enforcement officer who took the sworn statements and may execute a complaint based on the investigation.

However, standing to complain is not the same as authority to prosecute. The prosecutor can proceed even if the initial complainant later loses interest, subject to evidentiary sufficiency.

D. In certain situations, public officers may file in connection with their official duties

Depending on the facts, public officers (e.g., police investigators) may execute a complaint-affidavit based on their investigation and the affidavits of witnesses, especially when:

The offended party is dead or unavailable,
There is a need to immediately commence proceedings,
The offense is discovered in the course of official functions.

3) The critical exception: crimes that require a complaint by specific persons (“complaint of the offended party”)

Philippine criminal procedure and substantive criminal law recognize that some offenses are not prosecuted unless the complaint is filed by specific persons. These are commonly referred to as private crimes (and certain offenses treated similarly).

This matters because if the offense falls under this category, a complaint by a stranger or even by law enforcement is not enough to commence prosecution.

A. Traditional private crimes (for context)

Private crimes classically include:

Adultery and concubinage (complaint by the offended spouse),
Seduction, abduction, acts of lasciviousness (complaint by the offended party or certain relatives/guardians, subject to conditions—modern amendments have reshaped sexual offense frameworks, but the “who may file” restrictions still matter in specific contexts).

These are not “crimes against persons” in the Revised Penal Code classification, but they often get mixed into discussions about personal offenses. The key takeaway is the principle: some crimes require a complaint by a particular person.

B. Practical overlap with crimes against persons

Most crimes against persons—homicide, murder, serious/less serious/slight physical injuries—are public crimes, so initiation is not restricted to a specific complainant.

But you must still check whether a particular charge the parties want to pursue is one of those offenses where the law requires a complaint by a specified person. When in doubt, prosecutors examine:

The exact offense to be charged,
The elements,
Whether the law declares it prosecutable only upon a complaint by specified persons.

If a restricted-complaint rule applies and the wrong person filed, the prosecutor should not proceed with prosecution for that offense.

4) If the victim is dead: who may file?

For crimes against persons resulting in death (e.g., homicide/murder), the offended party cannot personally complain. These cases remain public crimes, and any person with knowledge may file a complaint, including:

The victim’s heirs/relatives,
Eyewitnesses,
Investigating police officers.

Separately, the victim’s heirs have standing for the civil aspect (damages, restitution, indemnity). But for the criminal case itself, the prosecution remains under the State, and initiation is not confined to the heirs.

5) Crimes against persons commonly encountered: who files, in practice

A. Physical injuries

Typically filed by:

The injured party, or
A parent/guardian if the victim is a minor, or
A witness/police officer if the victim is unavailable.

Where a barangay conciliation process applies (see below), the complainant may first need to go through that mechanism unless an exception exists.

B. Homicide and murder

Initiated by:

Family members/heirs,
Witnesses,
Police investigators.

C. Abortion-related offenses and related felonies

Often initiated by:

The offended party (where applicable),
Relatives or witnesses,
Police investigators.

Because these cases can involve privacy concerns and reluctant witnesses, evidentiary issues often determine whether the prosecutor files an Information.

D. Abandonment and similar offenses

May be initiated by:

The person abandoned (if able),
Relatives/guardians,
Social welfare officers or police who investigate.

6) Where the complaint is filed: prosecutor, police, or court

A. Filing with the Office of the Prosecutor (preliminary investigation)

For offenses requiring preliminary investigation, the complaint is usually filed with the prosecutor. The complainant submits:

A complaint-affidavit,
Supporting affidavits of witnesses,
Documentary/physical evidence.

The prosecutor evaluates probable cause.

B. Inquest for warrantless arrests (common in violent incidents)

If the suspect is arrested without a warrant under lawful circumstances (e.g., caught in the act), the case may proceed by inquest. The “complaint” is effectively supported by:

Arrest reports,
Affidavits of arresting officers,
Statements of witnesses and the victim (if available).

Even if the victim does not personally file immediately, public crimes may proceed based on the inquest record, subject to prosecutorial evaluation.

C. Direct filing in court (limited)

Some minor offenses may be directly filed in court under the rules, but crimes against persons often carry penalties that route them through the prosecutor’s office first. The prosecutor’s filing of an Information is the usual path.

7) The barangay conciliation layer (Katarungang Pambarangay): does it affect “who may file”?

For certain disputes between residents of the same city/municipality, the Katarungang Pambarangay system requires prior conciliation before a court or prosecutor can take cognizance, unless an exception applies.

This does not usually change who may file in principle, but it can affect whether the complaint can be acted upon immediately. In many less serious altercations involving injuries, parties may be required to undergo barangay proceedings first, unless:

The offense is among those excluded,
There is an urgent legal need (e.g., to prevent injustice),
The parties are not subject to the barangay’s jurisdiction rules.

A common real-world consequence: a complainant may have the right to file, but the prosecutor may require proof of compliance (or an applicable exception) before proceeding.

8) Special situations affecting who may initiate or pursue

A. When the offended party is unwilling

For public crimes, unwillingness does not necessarily stop the case if other evidence exists. But in practice, victim cooperation often matters for proof. Prosecutors may dismiss for lack of evidence rather than for lack of a proper complainant.

B. When the offended party is a child, or vulnerable person

Complaints may be initiated by guardians/parents and supported by social workers, police investigators, or other witnesses. Protective laws and special procedures can affect handling, but the baseline question of who may file is governed by the general public-crime rule unless the offense is one with restricted complainants.

C. When the accused is a minor

Who may file does not change; however, the process may involve diversion and juvenile justice procedures that affect how the complaint is resolved.

D. When there are multiple offenders or complex liability

Any proper complainant may name multiple respondents. The prosecutor determines the proper charges and parties based on evidence.

9) Form and content: what makes a complaint valid?

A complaint is typically expected to:

Identify the complainant and respondent,
Narrate facts constituting the offense,
Be sworn (subscribed and sworn to before an authorized officer),
Attach supporting affidavits and evidence where available.

A complaint filed by a person without direct personal knowledge is not automatically void, but it may be weak unless supported by competent affidavits of witnesses with personal knowledge. Prosecutors often require firsthand affidavits to establish probable cause.

10) Common misconceptions

Misconception 1: “Only the victim can file.”

Not true for public crimes, which include most crimes against persons. Others may initiate; the State prosecutes.

Misconception 2: “If the victim withdraws, the case is dismissed.”

Withdrawal does not automatically dismiss a public criminal case. The prosecutor and court evaluate whether evidence still supports prosecution.

Misconception 3: “The heirs control the criminal case when the victim dies.”

Heirs have interests in the civil aspect, but the criminal prosecution remains a public action under the State’s authority.

Misconception 4: “A blotter entry is the complaint.”

A police blotter record is not the same as a sworn complaint-affidavit used in preliminary investigation, though it can support the narrative and timeline.

11) Practical guide: determining who may file

Identify the exact offense contemplated (e.g., serious physical injuries vs. attempted homicide).
Check whether it is a public crime or one requiring a complaint by specified persons.
If public: any person with knowledge may file a complaint-affidavit; the victim/offended party is the usual complainant when available.
If restricted: ensure the complaint is filed by the person(s) specified by law (often the offended party or certain relatives/guardians, depending on the offense).
Consider barangay conciliation requirements for certain neighborhood disputes and minor offenses.
Prepare sworn affidavits and evidence; the prosecutor determines probable cause and the proper Information to file.

12) Bottom line

For most crimes against persons in the Philippines, the offense is a public crime: the case is prosecuted by the State, and a criminal complaint may generally be initiated by the offended party or by any person with knowledge of the offense, including witnesses and investigating officers. Restrictions on who may file apply mainly to private crimes and similar offenses where the law requires a complaint by specific persons; those restrictions are the exception, not the rule, but must be verified based on the precise charge.