Where Does a Criminal Case Actually Begin?
When a person wants to sue someone for a crime, the first vital step is knowing exactly where to file the complaint. In the legal system, there are generally two ways to commence a criminal action, depending entirely on the severity of the penalty for the offense committed.
1. Crimes with Imprisonment of at Least 6 Years and 1 Day
If the penalty falls within this range, the complaint must be filed directly with the prosecutor’s office. This initiates a preliminary investigation. (Section 1(a) of Rule 110 of the Rules of Court)
2. Crimes with Imprisonment of Less than 6 Years and 1 Day
- For Non-Chartered Cities: The complaint should be filed with the Municipal Trial Court, Municipal Circuit Trial Courts, or the office of the prosecutor. (Section 1(b) of Rule 110 of the Rules of Court)
- For Manila and Chartered Cities: The complaint is generally filed with the office of the prosecutor, unless the city’s specific charter allows filing with the Municipal Trial Court or Municipal Circuit Trial Courts. (Section 1(b) of Rule 110 of the Rules of Court)
Do You Need a Lawyer to File a Complaint?
Technically, no. It is not legally required to have a private lawyer to file a criminal complaint. There is no rule mandating legal representation at this stage, and indeed, some complaints are filed by non-lawyers or by police officers.
However, proceeding without one carries risks.
Engaging a private lawyer is highly recommended for reasons beyond mere convenience. A legal professional prevents you from making unintentional allegations or admissions that could damage your case later.
The Risk of Self-Representation: Non-lawyers filing complaint-affidavits often make allegations inconsistent with their case theory or make admissions that cannot be withdrawn. Once a fact is admitted, it may no longer be subject to proof—meaning a case can be won or lost based on a single factual admission in the initial filing.
Lawyers ensure your complaint meets legal standards and assist in gathering, selecting, and preserving evidence crucial to the outcome.
The “Pending Case” Dilemma: Does It Appear on an NBI Clearance?
A common question is whether filing a complaint creates a permanent record immediately.
A complaint filed with the prosecutor’s office marks the commencement of a criminal action. However, because it is not yet in court, it is technically not a pending case. Therefore, it should not appear as a “derogatory record” on an NBI Clearance.
Note: Despite this technicality, there are practical instances where these filings do show up as a “hit” on an NBI Clearance.
From Prosecutor to Court: The Process
Once a complaint reaches the prosecutor, they conduct a preliminary investigation. If the prosecutor finds prima facie evidence with a “reasonable certainty of conviction,” they will file an “information” (the formal charge) in court.
What is “Reasonable Certainty of Conviction”?
While the courts have not fully elaborated on this definition following the recent DOJ Circular No. 015 (July 16, 2024), we can surmise the standard. It likely requires that the evidence at the prosecutor’s disposal is strong enough that, if admitted, it would logically result in the conviction of the accused.
Under Rule II, Section 5 of the DOJ Circular, a prosecutor can only file the case in court if the evidence on hand is sufficient to establish all elements of the crime.
The Difference Between the Prosecutor’s Office and the Court
There is a distinct separation of powers between these two stages:
- The Prosecutor (Executive Function): The complaint here is for the purpose of a preliminary investigation. The prosecutor determines if the evidence warrants a trial. This is an executive function. During this stage, if a private complainant submits an affidavit of desistance, the prosecutor may decide to dismiss the case. (Pilapil v. Sandiganbayan, 1993)
- The Judge (Judicial Function): Once the prosecutor finds sufficient evidence, an information is filed in court. The preliminary investigation ends, and the criminal case formally begins. The court’s sole focus is determining the guilt or innocence of the accused. (De Lima v. Cabanes, 2021)
Why Cases Get Dismissed by the Prosecutor
Not every complaint makes it to trial. Here are the primary reasons a prosecutor might dismiss a case:
- Lack of Probable Cause: If there is no reasonable ground to believe a crime was committed by the respondent, the case must be dismissed.
- Insufficient Evidence: If the evidence does not meet the “reasonable certainty of conviction” standard. This occurs if evidence is inadmissible, cannot be preserved for trial, or fails to prove every element of the offense.
- Prescription: If the deadline for filing the case (prescriptive period) has lapsed, the state loses its right to pursue criminal action.
