COMPLAINT

ARLENE C. ACEVEDA
1I- Legal Writing
Atty. Charmaine Torres- Castro
 DEFINITION
Revised Criminal Procedure

 Sec. 3. The complaint or information

– 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.
 Rule 112- Preliminary
Investigation
 
 Preliminary investigation is required
in 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.
Rule 112- Preliminary Investigation

 Prision Correcional
 Prision Mayor
 Reclusion Temporal
 Reclusion Perpetua
 SUFFICIENCY
Revised Criminal Procedure
 Name of the accused
 Designation of the offense given by
the statute
 Acts or omissions complained of as
 Name of the offended party
 Approximate date of the commission
 Place where offense was committed
 SUFFICIENCY
Revised Criminal Procedure

 Must charge only one offense

 May be amended
 SUFFICIENCY
Revised Criminal Procedure

 The complaint shall be accompanied

by the affidavits of the complainant
and his witnesses, as well as other
supporting documents to establish
probable cause. They shall be in such
number of copies as there are
respondents, plus two (2) copies for
the official file.
 DEFINITION
Ordinary Civil Actions- Rule 6

 Pleadings are the written statements

of the respective claims and
defenses of the parties submitted to
the court for appropriate judgment.
 DEFINITION
Ordinary Civil Actions

 The claims of a party are asserted in

a complaint, counterclaim, cross-
claim, third (fourth, etc.) party
complaint, or complaint-in-
intervention.
 DEFINITION
Ordinary Civil Actions

 Every ordinary civil action must be

based on a cause of action.

 A cause of action is the act or

omission by which a party violates a
right of another.
 PARTS OF A PLEADING-
Civil Procedure- Rule 7

I. CAPTION
1. Name of court
2. Title of the action
3. Docket Number
 PARTS OF A PLEADING-
Civil Procedure- Rule 7

II. BODY
1. Designation of the offense
2. Allegations of the party’s claims
3. Relief
i. Specific
ii. General
4. Date
 PARTS OF A PLEADING

III. Signature
- Evidence that there is good ground

to support such action

- Unsigned pleading produces no legal

effect
 PARTS OF A PLEADING

IV. VERIFICATION
- specifically be required by law

- required to be verified when

pleading contains information based
on "information and belief," or upon
"knowledge, information and belief,".
 PARTS OF A PLEADING

V. CERTIFICATE OF NON- FORUM SHOPPING

 (a) that he has not theretofore commenced any

action or filed any claim involving the same
issues in any court, tribunal or quasi-judicial
agency and, to the best of his knowledge, no
such other action or claim is pending therein;

 (b) if there is such other pending action or

claim, a complete statement of the present
status thereof;
 PARTS OF A PLEADING

IV. CERTIFICATE OF NON- FORUM SHOPPING

(c) if he should thereafter learn that the same or

similar action or claim has been filed or is
pending, he shall report that fact within five (5)
days therefrom to the court wherein his
aforesaid complaint or initiatory pleading has
been filed.