Complaint

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  

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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

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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, crossclaim, third (fourth, etc.) party complaint, or complaint-inintervention.

DEFINITION Ordinary Civil Actions 

Every ordinary civil action must be based on a cause of action.

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A cause of action is the act or omission by which a party violates a right of another.

PARTS OF A PLEADINGCivil Procedure- Rule 7 I. CAPTION 1. Name of court 2. Title of the action 3. Docket Number

PARTS OF A PLEADINGCivil 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

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(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;

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(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.