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Complaint – it is a sworn written statement COMPLAINT INFORMATION

charging a person with an offense, subscribed by It must be sworn, It requires no oath; it


the offended party, any peace officer, or other hence under oath. merely requires that it
public officer, charged with the enforcement of be an accusation in
the law violated (Sec. 3, Rule 110). writing. This is
because the
- It is not a mere statement prosecutor filing the
- It must only subscribed by any of the information is acting
persons named in the rule. under the oath of his
office.
In whose name and against whom a complaint A complaint or Only subscribed by
is filed: information is the prosecutor.
- It is filed in the name of the People of the subscribed by the: (indispensable
Philippines; and a) The offended requirement)
- Against all persons who appear to be party;
responsible for the offense involved. b) Any peace He is required to
officer; indicated in the
NOTE: c) Or other information the
- In criminal cases, the interest of the public officer number and date of
private complainant or the private charged with issue of his MCLE
offended party is limited to the civil the Compliance
liability. enforcement Certificate since an
- When it comes to the prosecution of the of the law information is a
offense, their only role is to act as witness violated. pleading.
for the prosecution. It may be filed wither It is filed with the
- Hence, appeal may only be undertaken in Court or in the Court.
by the State through the Solicitor Prosecutor’s office.
General. They can only appeal on the It usually refers to It usually refers to
civil aspect of the case. felonies which cannot public crimes
be prosecuted de
Information – it is an accusation in writing officio.
charging a person with an offense subscribed by
the prosecutor and filed with the court (Sec. 4, Sufficiency of the complaint or information
Rule 110). (Sec. 6, Rule 110)
It is deemed sufficient if it contains the following:
- It is NOT required to be “sworn”.
- It is also filed in the name of the People a) The name of the accused; if the offense
of the Philippines against all persons who is committed by more than one person,
appear to be responsible for the offense
involved. all of them shall be included in the
- This is important, since conviction or complaint or information;
acquittal in a criminal case hinges heavily b) The designation of the offense given by
on proof that the overt acts, instituting, or statute;
the elements of the crime were indeed c) The acts or omissions complained of as
committed or present, which shall be constituting the offense;
stated in the information.
d) The name of the offended party;
e) The approximate date of the commission
of the offense; and
f) The place where the offense was
committed.

AMF | pg. 1
Test of sufficiency of the complaint or
information 2) Every element must be stated in the
- Whether the crime is described in information.
intelligible terms with such particularity as - What facts and circumstances
to apprise the accused, with reasonable are necessary to be included
certainty, of the offense charged to therein must be determined by
enable the accused to suitably prepare reference to the definitions and
for his defense since he is presumed to essentials of the specified
have no independent knowledge of the crimes.
facts that constitute the offense. - The requirement of alleging the
elements of a crime in the
- For an information to be sufficient, it must information is to inform the
validly charge an offense. It must also accused of the nature of the
establish the essential elements of the accusation against him to
offense charged. suitably prepare his defense.
The presumption is that the
- An information is fatally defective when it accused has no independent
is clear that it does not really charge an knowledge of the facts that
offense or when an essential element of constitute the offense.
the crime has not been sufficiently
alleged. 3) Even if the designation of the crime in the
information is defective, what is
Questioning the insufficiency of the controlling is the allegation of the facts in
complaint or information the information that comprises a crime
- Objections relating to the form of the and adequately describes the nature and
complaint or information cannot be made cause of the accusation against the
for the first time on appeal. The accused- accused.
appellant should move before
arraignment either for a bill of Date of the commission of the offense
particulars, for instance, if he wants to - Under Sec. 11, Rule 110 it is not
know the exact date of the commission of necessary to state in the complaint or
the allege offense. information the precise date the offense
was committed except when the date of
- He may also move for the quashal of the commission is a material element of the
information if it does not conform to the offense.
prescribed form.
- When the date is given not of the
- If he fails to purse either remedy, he is essence of the offense, it need not be
deemed to have waived his objection to proven as alleged; thus, the complaint
any formal defect in the information. will be sustained if the proof shoes that
the offense was committed at any date
- Where the objection, however, is based within the period of the statute of
on lack of jurisdiction over the subject limitations and before the
matter, the same may be raised or commencement of the action.
considered motu propio by the court at
any stage of the proceedings or on How to state the name of the accused
appeal. Sec. 7 of Rule 110 states:
a) The complaint or information must state
Cause of the accusation the name and surname of the accused,
- It is the acts or omissions constituting or any appellation or nickname by which
that offense as well as the qualifying and he has been known or is known.
aggravating circumstances.
b) If his name cannot be ascertained, he
How the nature of the offense is determined must be described under a fictitious
1) By the actual recital of the facts in the name. A description of the accused
complaint or information. under a fictitious name must be

AMF | pg. 2
accompanied by a statement that his true Designation of the offense
name is unknown. a) That the name given to the offense by
statute shall be stated in the complaint or
c) If, later, his true name is disclosed by him information.
or becomes known in some other
manner, his true name shall be inserted If the statute gives no designation to the
in the complaint or information and in the offense, the reference shall be made to
records of the case. the section or subsection punishing it.

Two-fold task of the prosecutor b) To be included in the complete


1) To prove beyond reasonable doubt the designation of the offense is an averment
commission of the crime charged; of the acts or omissions constituting the
offense.
2) To establish with the same quantum of
the proof of identity of the person or c) The complaint or information shall
persons responsible therefor, because, specify the qualifying and aggravating
even if the commission of the crime is a circumstances of the offense.
given, there can be not conviction without
the identity of the malefactor being Effect of failure to designate the offense given
clearly ascertained. by the statute or failure to mention the
provision violated
- It does not vitiate the information if the
facts alleged clearly recite the facts
How to state the name of the offended party constituting the crime charged.
who is a natural person
- Offended party – the person against - What controls is not the title of the
whom or against whose property the information of the designation of the
offense was committed. offense but the actual facts recited in the
information.
- The complaint or information must state
the name and surname of the offended - It is the recital of facts of the commission
party, or any appellation or nickname by of the offense, not the nomenclature of
which such person has been or is known. the offense, that determines the crime
being charged in the information.
- If later on, the true name of the offended
party is disclosed or ascertained, the Statement of the qualifying and aggravating
court must cause such true name to be circumstances
inserted. - Must be stated in every information.
- Applies retroactively to pending cases
How to state the name of the offended party since it is favorable to the accused.
which is a juridical person
- It is sufficient to state its name, or any Cause of Action
name or designation by which it is known - It is sufficient for the complaint or
or by which it may be identified, without information to use ordinary and concise
need of averring that it is a juridical language sufficient to enable a person of
person or that it is organized in common understanding to know the
accordance with the law. following:
a) The offense being charged;
Rule if the name of the offended party is b) The acts or omissions complained of
unknown in offenses against property as constituting the offense; and
- The property must be described with c) The qualifying and aggravating
such particularity as to properly identify circumstances.
the offense charged.

AMF | pg. 3
Duplicity of the offense
- It presupposes that there is a joinder of
distinct offenses in one complaint or
information.

- GR: a complaint or information must


charge only one offense. (This rule
prohibits duplicity or multifariousness of
offenses in a single complaint or
information.

- XPN: When the law prescribes a single


punishment for various offenses as in
complex and compound crimes treated
under Art. RPC.

Waiver of duplicity of the offense


- Duplicity of the offense is a ground for a
Motion to Quash.
- An objection must be timely interposed
by the accused before the trial;
otherwise he is deemed to have waived
said defect. Consequently, the court may
convict him for as many offenses as are
charged and proved, and imposed on
him the penalty for each offense.

AMF | pg. 4

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