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.
