You start a criminal case by preparing a sworn complaint-affidavit with supporting evidence and filing it, together with an Investigation Data Form, at the Office of the City or Provincial Prosecutor that has jurisdiction over where the offense happened. The prosecutor then conducts a preliminary investigation — giving the respondent a chance to answer — and must issue a resolution within sixty calendar days of assignment.
Most criminal cases in the Philippines that are not the product of an in-flagrante arrest begin the same way: a private complainant swears out a complaint-affidavit, attaches proof, and files it with the prosecutor’s office. From there, a state prosecutor decides — through a process called preliminary investigation — whether there is enough basis to formally charge the respondent in court. Since 31 July 2024, this process is governed by the 2024 DOJ-NPS Rules on Preliminary Investigation and Inquest Proceedings (Department Circular No. 015), which replaced the older rules that used to sit inside the Rules of Court.
Inquest Instead of Regular Preliminary Investigation
Not every criminal case starts with a complaint-affidavit filed at the intake desk. When a person is lawfully arrested without a warrant — caught in the act, or arrested shortly after in hot pursuit — the case instead goes through inquest proceedings rather than the regular preliminary investigation described in this guide. An inquest prosecutor reviews the arrest and the evidence on hand, usually within the time the law allows the police to detain a person without a formal charge, and decides whether to recommend release, recommend that charges be filed directly in court, or convert the case to a regular preliminary investigation if there are questions about the legality of the arrest. A complainant who witnessed such an arrest, or whose report led to it, typically still executes a sworn statement, but the procedural track and the tight timeline differ from the process below.
Where to File the Complaint
Venue matters. A complaint-affidavit is generally filed with the prosecutor’s office that has territorial jurisdiction over the place where the offense was committed, or where any of its essential elements occurred. Filing in the wrong office does not automatically kill the complaint, but it invites a motion to dismiss for improper venue and wastes months you do not need to lose. If you are unsure which office covers the address in question, the Office of the City or Provincial Prosecutor nearest that address can usually confirm this at the intake desk.
Step 1: Prepare the Complaint-Affidavit and Your Evidence
The complaint-affidavit is a sworn, first-person narration of what happened, written in a way that lays out every element of the specific crime you are accusing the respondent of committing. A vague or emotional narrative that never actually states the elements of the offense — for example, failing to specify how deceit induced you to hand over money in an estafa complaint — is one of the most common reasons complaints stall or get dismissed outright. Attach every piece of supporting evidence you have: receipts, messages, photographs, medical certificates, or affidavits of witnesses who saw or know something relevant.
Step 2: Have the Affidavit Subscribed and Sworn To
Complaint-affidavits and any accompanying witness affidavits must be subscribed and sworn to before a prosecutor, another official authorized to administer oaths, or a notary public. Whoever administers the oath must certify that they personally examined the affiants and are satisfied the affidavits were executed voluntarily and understood by the person signing. A notarized affidavit that skips this personal-examination step can be challenged later.
Step 3: File With the Correct Number of Copies
Bring the original complaint-affidavit plus two duplicate copies for the prosecution office’s own file, and additional copies for every respondent named — each respondent is entitled to a full copy of the complaint and all annexes. You will also need to complete the National Prosecution Service Investigation Data Form. Before the case is even docketed, the head of the prosecution office reviews the submission for completeness; incomplete filings are typically returned for you to supply the missing pieces before a case number is assigned.
Step 4: Docketing and Assignment
Once the office confirms the filing is complete, it is docketed and raffled or assigned to an investigating prosecutor. This is the moment the sixty-day clock for resolving the case formally starts running.
Step 5: Subpoena to the Respondent
Within five calendar days of receiving the complete record, the investigating prosecutor issues a subpoena to the respondent, setting a date for the respondent to submit a counter-affidavit, generally within thirty days. The respondent is entitled to at least ten days from receipt of the subpoena to prepare and file that counter-affidavit, either personally or through counsel, together with any countervailing evidence.
If the Respondent Never Files a Counter-Affidavit
A respondent who ignores the subpoena and lets the period to answer lapse does not stop the case. The investigating prosecutor is authorized to resolve the complaint on the basis of the evidence already on record — the complaint-affidavit, its annexes, and whatever the respondent chose, or failed, to submit. Silence is rarely a good strategy for a respondent, since the resulting resolution is built almost entirely from the complainant’s side of the story.
Step 6: Reply, Rejoinder, and Clarificatory Hearing
Depending on the office and the complexity of the case, the prosecutor may allow a reply from the complainant and a rejoinder from the respondent. If the prosecutor believes there are factual matters that need to be clarified directly, a clarificatory hearing may be set, typically within ten calendar days of receiving the counter-affidavit. This hearing is investigative, not adversarial in the trial sense — there is no cross-examination as in a full-blown trial.
Step 7: The Prosecutor’s Resolution
The investigating prosecutor must resolve the complaint within sixty calendar days from the date of assignment. This period may be extended by up to thirty additional days for capital offenses, complex cases, or complaints that have been consolidated with others. The resolution either dismisses the complaint for lack of probable cause (now framed under DOJ rules as a “reasonable certainty of conviction” standard) or finds sufficient basis to file an Information in court.
What Happens After the Resolution
If the prosecutor finds probable cause, an Information is filed with the appropriate trial court, and the case moves into the judicial phase — which may involve the issuance of a warrant of arrest or a summons, and eventually arraignment. If the complaint is dismissed, the complainant is not without options:
- Motion for reconsideration — filed within fifteen days from receipt of the resolution; it is assigned for review within three days and must be resolved within thirty days.
- Petition for review to the Secretary of Justice — the applicable procedure and deadlines follow the DOJ’s rules on appeals from prosecutors’ resolutions.
Respondents who are dissatisfied with an adverse resolution have the mirror-image remedies available to them as well.
Withdrawing a Complaint: Why an Affidavit of Desistance Rarely Ends a Case
Complainants sometimes have a change of heart midway through the process and execute an affidavit of desistance, asking that the complaint be dropped. Because a criminal case belongs to the State rather than to the private complainant, an affidavit of desistance is not, by itself, a ground for automatic dismissal. The investigating prosecutor, or later the court, still evaluates whether probable cause independently exists based on the rest of the record, and may proceed with the case despite the complainant’s change of heart, particularly once independent evidence already supports the charge.
Do You Have to Pay Filing Fees
Unlike a civil complaint, filing a complaint-affidavit with the prosecutor’s office generally does not require paying the kind of docket fees a civil case demands, since a criminal case is prosecuted in the name of the People of the Philippines rather than as a private money claim. That said, expect incidental costs — notarization fees, photocopying for the multiple required copies, and, if you eventually need one, a lawyer’s professional fees for drafting the affidavit and appearing at clarificatory hearings.
Common Mistakes That Delay or Sink a Complaint
- Missing copies. Short-changing the required number of copies is one of the fastest ways to have a filing bounced back at intake.
- Failing to allege every element of the offense. A narrative that “feels” criminal but never actually states each legal element the offense requires gives the prosecutor nothing to work with.
- Filing in the wrong venue. Confirm territorial jurisdiction before you file.
- Weak or unauthenticated evidence. Screenshots without any showing of authenticity, or documents without a supporting affidavit explaining their relevance, carry far less weight than properly identified evidence.
- Missing the prescriptive period. Every offense has a deadline for filing before the state’s right to prosecute it expires; this varies by the penalty attached to the offense, so do not sit on a complaint.
Because the standard prosecutors now apply — reasonable certainty of conviction based on prima facie evidence — puts real weight on how the complaint-affidavit is drafted from the outset, complainants are well served by having counsel review the affidavit and evidence before filing rather than after a dismissal.
Frequently Asked Questions
Do I need a lawyer to file a complaint-affidavit? No, a lawyer is not legally required to file a complaint-affidavit, but because the affidavit must clearly allege every element of the offense and be backed by properly presented evidence, having counsel review it before filing significantly improves the odds the prosecutor finds a basis to proceed.
How long does preliminary investigation take? The investigating prosecutor must resolve the complaint within sixty calendar days from the date it is assigned, extendable by up to thirty additional days for capital offenses, complex cases, or consolidated complaints.
What can I do if the prosecutor dismisses my complaint? You may file a motion for reconsideration within fifteen days from receipt of the resolution, or pursue a petition for review with the Secretary of Justice under the DOJ's rules on appeals from prosecutors' resolutions.
Is there a filing fee to submit a complaint-affidavit? Generally no docket fee is charged the way a civil case requires, since the case is prosecuted in the name of the People of the Philippines; expect only incidental costs like notarization and photocopying for the required copies.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.