Filing a Criminal Complaint: From the Barangay to the Prosecutor

Step 1: The Barangay, If It Applies

Under the Katarungang Pambarangay (barangay justice) rules in the Local Government Code, Republic Act No. 7160 (RA 7160), many disputes between individuals living in the same city or municipality must first go to the barangay for settlement talks. For crimes, this covers offenses punishable by imprisonment of not more than 1 year or a fine of not more than ₱5,000, where a private person was harmed. Examples are slight physical injuries, minor threats and small estafa.

If you do not settle, the barangay issues a Certificate to File Action, which you attach to your complaint. Crimes with heavier penalties, and cases where the accused is already detained or the deadline to file is about to run out, can go straight to the prosecutor or the court. See barangay conciliation.

Step 2: Report to the Police or NBI

You can report the crime at the nearest police station. The desk officer records it in the police blotter (the station's logbook of reported incidents). A blotter entry is useful proof that you reported, and you can ask for a certified copy, but it is not a criminal case.

The police, or the NBI, may investigate, take your sworn statement, gather evidence (case build-up) and file the complaint with the prosecutor for you. For online crimes, go to the PNP Anti-Cybercrime Group or the NBI Cybercrime Division; see reporting online scams. For violence against a woman or her child, go to the Women and Children Protection Desk; see protection orders.

You may also file directly with the prosecutor yourself, without going through the police.

If the suspect was caught in the act and arrested without a warrant, the police bring the case to the prosecutor for inquest (a quick review of whether the arrest was valid and whether to charge the person right away). See rights of a person who is arrested.

Step 3: The Complaint-Affidavit

The complaint is a Complaint-Affidavit: your sworn account of what happened. Under Rule 112, Section 3 of the Rules of Court, it must:

• state the respondent's (the person complained of) name and address;
• come with the affidavits of your witnesses and copies of your supporting documents, such as receipts, photos, screenshots and medical certificates;
• be sworn before a prosecutor or a government official authorized to administer oaths or, if none is available, a notary public, who certifies that they personally examined you and that you signed voluntarily;
• be filed in as many copies as there are respondents, plus two for the office.

Write the facts in order, in the first person: who, what, when, where and how. Attach each document and label it (Annex "A", "B" and so on). The prosecutor's office will also ask you to fill in an Investigation Data Form. A General Affidavit template shows the basic format of a sworn statement.

File it with the Office of the City or Provincial Prosecutor of the place where the crime was committed. Ask the office about filing in person or by e-filing, and keep your receiving copy.

Step 4: Preliminary Investigation

Preliminary investigation is how the prosecutor decides whether to charge the respondent in court. The Department of Justice's 2024 DOJ-NPS Rules on Preliminary Investigations and Inquest Proceedings (Department Circular No. 015, series of 2024), which took effect on 31 July 2024, set a stricter test. The prosecutor files a case only if there is prima facie evidence with reasonable certainty of conviction: admissible and credible evidence that would likely prove the crime and the respondent's guilt in court. The older test, probable cause (a reasonable belief that a crime was committed), is no longer enough on its own.

That is why the prosecutor first checks whether your complaint is complete (case build-up). If evidence is missing, you may be asked to submit more before the complaint is docketed.

What usually happens next:

1. Subpoena. The prosecutor sends the respondent a subpoena (an official order to answer) with copies of your complaint and evidence.
2. Counter-Affidavit. The respondent files a sworn Counter-Affidavit with their side and evidence by the deadline in the subpoena. If they do not, the prosecutor decides on your evidence alone.
3. Clarificatory hearing. If something needs clearing up, the prosecutor may call one, where they ask the parties and witnesses questions. You do not cross-examine each other. Replies are allowed only when the prosecutor finds them necessary.
4. Resolution. The prosecutor issues a written resolution, approved by the head of the office, either dismissing the complaint or filing an Information (the formal charge) in court. A dismissal for lack of evidence can be refiled with new evidence.

Lighter offenses can follow a shorter procedure under separate DOJ rules. The prosecutor's office will tell you which applies.

Step 5: After the Resolution

• Motion for reconsideration. If you disagree with the resolution, you can ask the same office to reconsider it. The deadline is short and counted from when you receive the resolution, so check the period stated in the rules as soon as you receive it.
• Petition for review (appeal). After that, you can appeal to the Department of Justice. Under the 2024 rules, for cases tried in the first-level courts (Municipal and Metropolitan Trial Courts), the appeal goes to the Prosecutor General (in Metro Manila) or the Regional Prosecutor, and their decision is final. For cases tried in the Regional Trial Court, the appeal goes to the Secretary of Justice.
• In court. Once an Information is filed, the judge personally checks the evidence and may issue a warrant of arrest or a summons. The accused can then post bail where allowed. From here, the public prosecutor handles the case, and you are a witness.

An Affidavit of Desistance (a sworn statement that you no longer want to pursue the case) does not automatically end it. The prosecutor or the court decides.

Deadlines to File (Prescription)

Crimes must be filed within a set time, or they prescribe (can no longer be prosecuted). Under Article 90 of the Revised Penal Code, the period depends on the penalty: from 20 years for the gravest crimes, down to 10 years for most crimes with correctional penalties, 5 years for those punished by arresto mayor, 1 year for libel, 6 months for oral defamation and 2 months for light offenses. Under Article 91, the period starts on the day the crime is discovered by the offended party, the authorities or their agents, and filing the complaint stops the clock.

Crimes under special laws (laws outside the Revised Penal Code) follow their own periods or, if the law sets none, Act No. 3326. Because the rules are technical, file as early as you can.