A criminal case does not start by walking into a courtroom. It starts with a complaint, and where that complaint has to be filed first depends entirely on how serious the offense is. Filing it in the wrong place does not stop the clock on prescription, but it does mean the case has to be refiled or forwarded before it can actually move.
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Where the complaint goes depends on the penalty for the offense
For offenses that require a preliminary investigation, a criminal action is instituted by filing the complaint with the prosecutor's office to conduct that investigation. For other offenses, the complaint or information is filed directly with the Municipal Trial Court or Municipal Circuit Trial Court, or with the prosecutor's office; in Manila and other chartered cities, filing goes to the prosecutor's office unless the city's own charter says otherwise. Filing interrupts the running of the prescriptive period for the offense.
The Revised Rules of Criminal Procedure (effective December 1, 2000, as amended), Rules 110-127, RULE 110. Read the source →
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A preliminary investigation is required once the penalty reaches four years, two months and one day
A preliminary investigation is required before a complaint or information may be filed for an offense where the penalty prescribed by law is at least four (4) years, two (2) months and one (1) day, without regard to the fine. Provincial or city prosecutors and their assistants, judges of the Municipal Trial Courts and Municipal Circuit Trial Courts, and national and regional state prosecutors are the officers authorized to conduct one.
The Revised Rules of Criminal Procedure (effective December 1, 2000, as amended), Rules 110-127, RULE 112. Read the source →
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The complaint or information must name every person who appears responsible
The complaint or information must be in writing, brought in the name of the People of the Philippines, and filed against all persons who appear to be responsible for the offense charged.
The Revised Rules of Criminal Procedure (effective December 1, 2000, as amended), Rules 110-127, RULE 110. Read the source →
The penalty threshold is what decides the whole shape of the early case — whether it goes through a prosecutor's investigation first, or straight to a trial court. A complainant who is unsure which track an offense falls under is better served checking that before filing than after.