COMPLAINT AND INFORMATION CRIMINAL PROCEDURE

THIS PRESENTATION CAN PROVIDE ABOUT THE COMPLAINT AND INFORMATION

1. Local Flavor. Global Future. COMPLAINT AND INFORMATION PRESENTED BY: GROUP 2 BS-CRIMINOLOGY 4B

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3. Local Flavor. Global Future. COMPLAINT A complaint is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer, charged with the enforcement of the law. violated (Sec. 3, Rule 110, Rules of Court). A complaint must be "sworn hence, under oath. By the clear terms of Sec. 3 of Rule 110, it is a "sworn written statement,"

4. Local Flavor. Global Future. INFORMATION An information is an accusation in writing charging a person with an offense subscribed by the prosecutor and filed with the court (Sec. 4, Rule 110, Rules of Court) An Information requires no cath. Sec. 4 of Rule 110 merely requires that it be an accusation "in writing. This is because the prosecutor filing the information is acting under the oath of his office.

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6. Local Flavor. Global Future. CONTENTS OF COMPLAINT AND INFORMATION The name of the accused: if the offense is committed by more than one person, all of them shall be included in the complaint or information: The designation of the offense given by statute; The acts or omissions complained of as constituting the offense; The name of the offended party: The approximate date of the commission of the offense; and

7. Local Flavor. Global Future. CONTENTS OF COMPLAINT AND INFORMATION The place where the offense was committed (Sec. 6. Rule 110. Rules of Court). Signature of Prosecutor (for Information). Signature of Offended Party, Peace officer or Public officer charged with enforcement of the law (for Complaint).

8. Local Flavor. Global Future. CONTENTS OF COMPLAINT AND INFORMATION If Information is filed after inquest (and not preliminary investigation), add the ft: a. Place where accused is detained. b. Full name and address of evidence custodian. c. Detailed description of recovered items, if any. Verification Certification of Preliminary Investigation or Inquest.

9. Local Flavor. Global Future. COMPLAINT INFORMATION

10. Local Flavor. Global Future. WHO MAY FILE? COMPLAINT Offended party, any peace officer, or other public officer, charged with the enforcement of the law violated (Sec 3 Rule 110, Rules of Court). INFORMATION Prosecutor, "Set. 4. Rule 110 Rules of Court“.

11. Local Flavor. Global Future. WHERE TO FILE? The institution of a criminal action generally depends upon whether or not the offense is one which requires a preliminary investigation (Sec. 1, Rule 110, Rules of Court).

12. Local Flavor. Global Future. WHO MAY FILE? Where a preliminary investigation is required, a criminal action is instituted by filing the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation (Sec. 1. Rule 110, Rules of Court). A preliminary investigation is to be conducted for offenses where the penalty prescribed by law is at least four (4) years, two (2) months and one (1) day without regard to the fine. (Sec. 1, Rule 112, Rules of Court.

13. Local Flavor. Global Future. WHO MAY FILE? Where a preliminary investigation is not required, a criminal action is instituted in either of two ways: by filing the complaint or information directly with the Municipal Trial Court and Municipal Circuit Trial Court: or by filing the complaint with the office of the prosecutor (Sec. 1, Rule 110, Rules of Court).

14. Local Flavor. Global Future. WHO MAY FILE? In Manila and other chartered cities, a special rule prevalls . In these places, the rule is that "the complaint shall be filed with the office of the prosecutor unless otherwise provided in their charters" (Sec. 1, Rule 110, Rules of Court).

15. Local Flavor. Global Future. JURISDICTION Regional Trial Court has jurisdiction over an offense punishable with imprisonment of more than six (6) years, a period way above the minimum penalty for an offense that requires a preliminary investigation. Municipal Trial Court has exclusive jurisdiction over offenses punishable with imprisonment not exceeding six (6) years (Sec. 32[2]. Judiciary Reorganization Act of 1980 (B.P. 129)

16. Local Flavor. Global Future. COMPLAINT AND INFORMATION The complaint or information shall be in writing, in the name of the People of the Philippines and against all persons who appear to be responsible for the offense involved. (Sec. 2. Rule 110, Rules of Court).

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