a. Definition

Definition of Complaint or Information

Concept

A complaint is a sworn written statement charging a person with an offense. It must be subscribed by the offended party, a peace officer, or another public officer charged with enforcing the law violated. Rule 110 also requires a complaint or information to be in writing, in the name of the People of the Philippines, and against all persons who appear responsible for the offense. (Rule 110, Sec. 3, Rules of Court)¹ (Rule 110, Sec. 2, Rules of Court)²

The source provisions describe an information through the requirements governing its form, allegations, and filing, but do not supply a separate express definition of that term. For review purposes, keep the express definition of a complaint distinct from the requirements that apply to both charging documents. (Rule 110, Sec. 3, Rules of Court)¹ (Rule 110, Sec. 2, Rules of Court)²

Governing provisions

• Rule 110, Section 2 states the common written-form, caption, and party requirements for a complaint or information. (Rule 110, Sec. 2, Rules of Court)²
• Rule 110, Section 3 expressly defines a complaint and identifies who may subscribe it. (Rule 110, Sec. 3, Rules of Court)¹
• Rule 110, Section 1 identifies where the charging document is filed to institute a criminal action, depending on whether preliminary investigation is required. (Rule 110, Sec. 1, Rules of Court)³

Requisites / Rules

• The writing must charge a person with an offense. If it is a complaint, it must also be sworn and subscribed by one of the persons identified in Section 3. (Rule 110, Sec. 3, Rules of Court)¹
• The complaint or information must state the statutory designation of the offense, aver the acts or omissions constituting it, and specify its qualifying and aggravating circumstances. If the offense has no designation, it must refer to the statutory section or subsection punishing it. (Rule 110, Sec. 8, Rules of Court)⁴
• If preliminary investigation is required, the criminal action is instituted by filing the complaint with the proper officer for that purpose. For other offenses, Section 1 allows filing the complaint or information directly with the specified municipal trial courts, or the complaint with the prosecutor’s office, subject to its stated rule for Manila and other chartered cities. (Rule 110, Sec. 1, Rules of Court)³

Distinctions

The express definition of a complaint adds an oath and a specified subscriber. By contrast, Section 2 states requirements applicable to both a complaint and an information. Do not treat the common requirements alone as the complete definition of a complaint. (Rule 110, Sec. 3, Rules of Court)¹ (Rule 110, Sec. 2, Rules of Court)²

Key doctrines

The allegations must enable the accused to know the charge. An information must allege every element of the offense; the test is whether its material factual allegations establish the essential elements defined by law. An accused cannot be convicted of a crime that is neither alleged nor necessarily included in the information. (People v. Solar, G.R. No. 225595, 6 August 2019)⁵ (Xxx260547 v. People, G.R. No. 260547, 26 November 2024)⁶ (People v. Reyes, G.R. No. 247563, 8 February 2023)⁷

Exceptions

The precise date need not be stated unless it is a material ingredient of the offense. Likewise, allegations locating the offense within the court’s jurisdiction suffice unless the particular place is an essential element or is necessary to identify the offense. (Rule 110, Sec. 11, Rules of Court)⁸ (Rule 110, Sec. 10, Rules of Court)⁹

Bar tip

Start with Section 3 when asked to define a complaint; then check Section 2 for requirements common to both documents. For an information, read the factual allegations, not merely the offense label, to identify what charge is actually pleaded. (Rule 110, Sec. 3, Rules of Court)¹ (Rule 110, Sec. 2, Rules of Court)² (Xxx260547 v. People)⁶