6. Complaint or Information

B. Prosecution of Offenses (Rule 110)

• Public vs. Private Crimes
• Role of Public Prosecutor – Section 5
• Complaint and Information – Sections 1-4
• Sufficency of Complaint or Information – Sections 6-12
• Duplicity of Offense – Section 13
• Amendment or Substitution of Complaint or Information – Section 14
• Venue of Criminal Actions – Section 15
• Intervention of Offended Party – Section 16
• Injunction in Criminal Cases – OCA Circular No. 79-03, Item 14

> RULE 110

Prosecution of Offenses

Section 1. Institution of criminal actions. — Criminal actions shall be instituted as follows:

(a) For offenses where a preliminary investigation is required pursuant to section 1 of Rule 112, by filing the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation.

(b) For all other offenses, by filing the complaint or information directly with the Municipal Trial Courts and Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor. In Manila and other chartered cities, the complaint shall be filed with the office of the prosecutor unless otherwise provided in their charters.

The institution of the criminal action shall interrupt the running period of prescription of the offense charged unless otherwise provided in special laws. (1a)

Section 2. The Complaint or information. — The complaint or information shall be in writing, in the name of the People of the Philippines and against all persons who appear to be responsible for the offense involved. (2a)

Section 3. Complaint defined. — A complaint 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. (3)

Section 4. Information defined. — An information is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court. (4a)

Section 5. Who must prosecute criminal actions. — All criminal actions commenced by a complaint or information shall be prosecuted under the direction and control of the prosecutor. However, in Municipal Trial Courts or Municipal Circuit Trial Courts when the prosecutor assigned thereto or to the case is not available, the offended party, any peace officer, or public officer charged with the enforcement of the law violated may prosecute the case. This authority cease upon actual intervention of the prosecutor or upon elevation of the case to the Regional Trial Court.

The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouse. The offended party cannot institute criminal prosecution without including the guilty parties, if both alive, nor, in any case, if the offended party has consented to the offense or pardoned the offenders.

The offenses of seduction, abduction and acts of lasciviousness shall not be prosecuted except upon a complaint filed by the offended party or her parents, grandparents or guardian, nor, in any case, if the offender has been expressly pardoned by any of them. If the offended party dies or becomes incapacitated before she can file the complaint, and she has no known parents, grandparents or guardian, the State shall initiate the criminal action in her behalf.

The offended party, even if a minor, has the right to initiate the prosecution of the offenses of seduction, abduction and acts of lasciviousness independently of her parents, grandparents, or guardian, unless she is incompetent or incapable of doing so. Where the offended party, who is a minor, fails to file the complaint, her parents, grandparents, or guardian may file the same. The right to file the action granted to parents, grandparents or guardian shall be exclusive of all other persons and shall be exercised successively in the order herein provided, except as stated in the preceding paragraph.

No criminal action for defamation which consists in the imputation of the offenses mentioned above shall be brought except at the instance of and upon complaint filed by the offended party. (5a)

The prosecution for violation of special laws shall be governed by the provisions thereof. (n)

Section 6. Sufficiency of complaint or information. — A complaint or information is sufficient if it states the name of the accused; the designation of the offense given by the statute; the acts or omissions complained of as constituting the offense; the name of the offended party; the approximate date of the commission of the offense; and the place where the offense was committed.

When an offense is committed by more than one person, all of them shall be included in the complaint or information. (6a)

Section 7. Name of the accused. — The complaint or information must state the name and surname of the accused or any appellation or nickname by which he has been or is known. If his name cannot be ascertained, he must be described under a fictitious name with a statement that his true name is unknown.

If the true name of the accused is thereafter disclosed by him or appears in some other manner to the court, such true name shall be inserted in the complaint or information and record. (7a)

Section 8. Designation of the offense. — The complaint or information shall state the designation of the offense given by the statute, aver the acts or omissions constituting the offense, and specify its qualifying and aggravating circumstances. If there is no designation of the offense, reference shall be made to the section or subsection of the statute punishing it. (8a)

Section 9. Cause of the accusation. — The acts or omissions complained of as constituting the offense and the qualifying and aggravating circumstances must be stated in ordinary and concise language and not necessarily in the language used in the statute but in terms sufficient to enable a person of common understanding to know what offense is being charged as well as its qualifying and aggravating circumstances and for the court to pronounce judgment. (9a)

Section 10. Place of commission of the offense. — The complaint or information is sufficient if it can be understood from its allegations that the offense was committed or some of the essential ingredients occurred at some place within the jurisdiction of the court, unless the particular place where it was committed constitutes an essential element of the offense or is necessary for its identification. (10a)

Section 11. Date of commission of the offense. — It is not necessary to state in the complaint or information the precise date the offense was committed except when it is a material ingredient of the offense. The offense may be alleged to have been committed on a date as near as possible to the actual date of its commission. (11a)

Section 12. Name of the offended party. — The complaint or information must state the name and surname of the person against whom or against whose property the offense was committed, or any appellation or nickname by which such person has been or is known. If there is no better way of identifying him, he must be described under a fictitious name.

(a) In offenses against property, if the name of the offended party is unknown, the property must be described with such particularity as to properly identify the offense charged.

(b) If the true name of the of the person against whom or against whose properly the offense was committed is thereafter disclosed or ascertained, the court must cause the true name to be inserted in the complaint or information and the record.

(c) If the offended party is a juridical person, it is sufficient to state its name, or any name or designation by which it is known or by which it may be identified, without need of averring that it is a juridical person or that it is organized in accordance with law. (12a)

Section 13. Duplicity of the offense. — A complaint or information must charge but one offense, except when the law prescribes a single punishment for various offenses. (13a)

Section 14. Amendment or substitution. — A complaint or information may be amended, in form or in substance, without leave of court, at any time before the accused enters his plea. After the plea and during the trial, a formal amendment may only be made with leave of court and when it can be done without causing prejudice to the rights of the accused.

However, any amendment before plea, which downgrades the nature of the offense charged in or excludes any accused from the complaint or information, can be made only upon motion by the prosecutor, with notice to the offended party and with leave of court. The court shall state its reasons in resolving the motion and copies of its order shall be furnished all parties, especially the offended party. (n)

If it appears at any time before judgment that a mistake has been made in charging the proper offense, the court shall dismiss the original complaint or information upon the filing of a new one charging the proper offense in accordance with section 19, Rule 119, provided the accused shall not be placed in double jeopardy. The court may require the witnesses to give bail for their appearance at the trial. (14a)

Section 15. Place where action is to be instituted. —

(a) Subject to existing laws, the criminal action shall be instituted and tried in the court of the municipality or territory where the offense was committed or where any of its essential ingredients occurred.

(b) Where an offense is committed in a train, aircraft, or other public or private vehicle while in the course of its trip, the criminal action shall be instituted and tried in the court of any municipality or territory where such train, aircraft or other vehicle passed during such its trip, including the place of its departure and arrival.

(c) Where an offense is committed on board a vessel in the course of its voyage, the criminal action shall be instituted and tried in the court of the first port of entry or of any municipality or territory where the vessel passed during such voyage, subject to the generally accepted principles of international law.

(d) Crimes committed outside the Philippines but punishable under Article 2 of the Revised Penal Code shall be cognizable by the court where the criminal action is first filed. (15a)

Section 16. Intervention of the offended party in criminal action. — Where the civil action for recovery of civil liability is instituted in the criminal action pursuant to Rule 111, the offended party may intervene by counsel in the prosecution of the offense. (16a)

Order for Hearing

If the verified petition is sufficient in substance and form, the court shall fix a date and place for a hearing by way of an order.

The order shall be published for three (3) successive weeks in some newspaper of general circulation published in the province. (R103, S3)

Officer who Filed the Information Had No Authority to Do So

It occurs when a state prosecutor lacked the authority to file the information because there was neither a directive from the Secretary of Justice designating him as a special prosecutor nor the written approval of the information by the city prosecutor as required under Section 5, Rule 110 of the Rules of Court.

No complaint or information may be filed or dismissed by an investigating prosecutor without the prior written authority or approval of the provincial or city prosecutor or chief state prosecutor or the Ombudsman or his deputy. (Tolentino vs. Paqueo, Jr., G.R. No. 150606, 2007).

Republic Act No. 6770, by conferring upon the Ombudsman the power to prosecute, likewise grants to the Ombudsman the power to authorize the filing of informations. As to the Special Prosecutor, respondent People invokes the aforesaid authority of the Ombudsman in Section 15(10) to delegate his powers, and claim that there was a general delegation of the authority to approve the filing of informations in Office Order No. 03-97, series of 2003 (dated 15 September 2003), and Office Order No. 40- 05, series of 2005 (dated 4 April 2005).

The delegation of the power to authorize the filing of informations under Office Order No. 40-05 was only made to Deputy Ombudsmen, and not to the Special Prosecutor. All that was delegated to the Special Prosecutor was the discretional authority to review and modify the Deputy Ombudsmen-authorized information, but even this is subject to the condition that such modification must be “without departing from, or varying in any way, the contents of the basic Resolution, Order or Decision.” (Perez v. Sandiganbayan, G.R. No. 166062, 2006)

The COMPLAINT FILED WITH THE PROSECUTOR’S OFFICE, on the basis of which the prosecutor may conduct a preliminary investigation, refers to:

• Any sworn written complaint;
• Filed by an offended party or any peace officer, or other public officer charged with the enforcement of law violated.

Complaint vs. Information

Damages Other Than Actual

• If these damages are specified in the complaint or information, the corresponding filing fees should be paid, otherwise, the trial court will not acquire jurisdiction over such other damages.
• If not specified in the complaint or information, the grant and amount thereof are left to the sound discretion of the trial court, the corresponding filing fees need not be paid and shall simply constitute a first lien on the judgment.
• In an appeal of a criminal case, the appellate court may impose additional damages or increase or decrease the amounts of damages upon the accused-appellant.
• Additional penalties cannot be imposed upon a co-accused who did not appeal, but modifications of the judgment beneficial to him are considered in his favor.
• The offended party in a criminal case may appeal the civil aspect despite the acquittal of the accused. Where the trial court convicted the accused, but dismissed the civil action instituted therein, the offended party may appeal the dismissal to the CA.
• If aggravating circumstance is not alleged but proven in trial, the court will not consider such aggravating circumstance in the award of damages

Acts or Omissions Complained of as Constituting the Offense

The acts or omissions complained of must be alleged in such form as is sufficient to enable a person of common understanding to know what offense is intended to be charged, and enable the court to pronounce proper judgment. No information for a crime will be sufficient if it does not accurately and clearly allege the elements of the crime charged. Every element of the offense must be stated in the information. What facts and circumstances are necessary to be included therein must be determined by reference to the definitions and essentials of the specified crimes. (People v. Canceran, G.R. No. 206442, 2015)

If one or more elements of the offense have not been alleged in the information, the accused cannot be convicted of the offense charged, even if the missing elements have been proved during the trial.

Even the accused’s entering a plea of guilty to such defective information will not cure the defect, nor justify his conviction of the offense charged.

Note: The new rule requires that the qualifying and aggravating circumstances be alleged in the information

• Purposes:
• To enable the court to pronounce a proper judgment;
• To furnish the accused with such a description of the charge as to enable him to make a defense;
• As a protection against further prosecution for the same cause.
• Rules on Negative Averments:
• Where the law alleged to have been violated: Prohibits generally acts therein defined; Is intended to apply to all persons indiscriminately;

But prescribes certain limitations or exceptions from its violation the information is sufficient if it alleges facts which the offender did as constituting a violation of law, without explicitly negating the exception, as the exception is a matter of defense which the accused has to prove. (People vs. San Juan, G.R. No. L-22944, 1968)

There, the Information alleged that the accused prevented the offended party from entering the polling precinct, in violation of the Election Code. The law provided that “The voters shall have the right to freely enter the polling place as soon as they arrive unless there are more than forty voters waiting inside, in which case they have the right to enter in the order of their arrival as those who are inside go out, which the latter shall immediately do after having cast their votes.” The accused argued that the Information failed to allege an offense because the Information did not state that there were forty or less voters.

The Supreme Court held: The limitation — when there are more than forty voters waiting inside — on the right of a voter to freely enter the polling place does not constitute an essential part of the definition of the crime contemplated in section 133 of the Revised Election Code. Instead, it is but a matter which the accused must assert, and establish as a defense, and not for the prosecution to anticipate, allege, and disprove.

• Where the law alleged to have been violated: Applies only to specific classes of persons and special conditions; and

The exemptions from its violation are so incorporated in the language defining the crime that the ingredients of the offense cannot be accurately and clearly set forth if the exemption is omitted, the information must show that the accused does not fall within the exemptions. (U.S. v. Pompeya, G.R. No. L-10255, 1915)

There, the Supreme Court gave the following example: “Suppose xxx that there was a law providing that all persons who performed manual labor on Sunday should be punished, with a provision that if such labor should be performed out of necessity, the person performing it would not be liable. In such a case, in the complaint, in order to show a good cause of action, it would be necessary to allege that the labor was not performed under necessity. In other words, the complaint, in order to be free from objection raised by a demurrer, must show that the person accused of the crime, in the absence of proof, is punishable under the law. One who performed labor under necessity would not be liable.”

When an exception or negative allegation is not an ingredient of the offense and is a matter of defense, it need not be alleged. (U.S. v. Chan Toco, G.R. No. L-3851, 1908)

• Complex Crimes:

Where what is alleged in the information is a complex crime and the evidence fails to support the charge as to one of the component offenses, the defendant can be convicted of the offense proven.

Place of the Commission of the Offense

General Rule: A complaint or information is sufficient if it appears from the allegation that the offense was committed or some of its essential ingredients occurred at some place, within the territorial jurisdiction of the court (Rule 110, Sec. 10).

Exception: When the place of commission is an essential element of the offense, the place of commission must be alleged with particularity (Rule 110, Sec. 10). e.g. trespass to dwelling, destructive arson, robbery in an inhabited house.

Purpose: To show territorial jurisdiction of the court.

There may be conviction if it appears that the crime was committed not at the place alleged in the information, provided that:

• The place of actual commission was within the jurisdiction of the court; and
• The particular place of commission is not an essential element of the offense charged.

For example, in a case for murder, where the Information alleges that the victim was shot on Ayala Avenue but the evidence presented shows that the shooting took place along Paseo de Roxas, the accused may still be convicted since the place of actual commission is within Makati City and the place of commission is not an essential place of the offense charged.

In cases of falsification of private documents, the venue is the place where the document is actually falsified, to the prejudice of or with intent to prejudice a third person, regardless whether or not the falsified document is put to the improper or illegal use for which it was intended. (Navaja v De Castro, G.R. No. 182926, 2015)

V. PRACTICAL EXERCISES

All names, places, numbers and facts in these samples are fictitious. Any resemblance to real persons or cases is coincidental.

Sample: Complaint (Rule 110)

REPUBLIC OF THE PHILIPPINES
MUNICIPAL TRIAL COURT
Sta. Lucia, Nueva Aurora

PEOPLE OF THE PHILIPPINES, Plaintiff,
– versus –
RODEL F. CAMACHO, Accused.
Criminal Case No. 0000 · For: Theft

COMPLAINT

The undersigned complainant accuses RODEL F. CAMACHO of the crime of Theft under Article 308 of the Revised Penal Code, committed as follows:

That on or about 14 August 2026, in the Municipality of Sta. Lucia, Province of Nueva Aurora, Philippines, and within the jurisdiction of this Honorable Court, the accused, with intent to gain and without the consent of the owner, did then and there willfully, unlawfully and feloniously take one (1) mobile phone worth Twenty-Five Thousand Pesos (₱25,000.00) belonging to MARICEL D. SANTIAGO, to her damage and prejudice in that amount.

CONTRARY TO LAW.

Sta. Lucia, Nueva Aurora, 16 August 2026.

MARICEL D. SANTIAGO
Complainant

JURAT [subscribed and sworn to before the prosecutor or other authorized officer]

Points to note. A complaint is a sworn written statement charging a person with an offense, subscribed by the offended party, a peace officer, or another public officer charged with enforcing the law violated; an information is the same accusation subscribed by the prosecutor and filed with the court (Rules of Court, Rule 110, Secs. 3 and 4). Either is sufficient if it states the name of the accused, the designation of the offense given by the statute, the acts or omissions constituting it, the name of the offended party, the approximate date and the place (Rule 110, Sec. 6). Qualifying and aggravating circumstances must be stated, in ordinary and concise language (Rule 110, Secs. 8 and 9). Where preliminary investigation is required, the complaint goes to the prosecutor, who files an information in court if the evidence meets the standard for filing (see Preliminary Investigation).