AFFIDAVIT - COMPLAINT

❖ Manifestation of the Place of Filing

❖ Preliminary statement
❖ Facts of the Case (Bullet Form)
❖ Basis of the Criminal Case (Law, Case Law)
❖ Signature of the Complainant
❖ Jurat

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 Counter AFFIDAVIT
❖ Manifestation of the Place of Filing
❖ Preliminary statement
❖ Facts of the Case (Bullet Form)
❖ Basis of the Criminal Case (Law, Case Law)
❖ Signature of the Defendant
❖ Jurat

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How are criminal actions
instituted?
 HOW TO INSTITUTE A CRIMINAL ACTION?
A. For offenses requiring preliminary investigation
❖ By filing the complaint with the proper officer for the purpose of
preliminary investigation
B. For offenses where a preliminary investigation is not required
❖ By filing the complaint or information directly with the MTC or
MCTC or by filing 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

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 PRELIMINARY INVESTIGATION:

An inquiry or proceeding to determine whether there is sufficient ground to

engender a well-founded belief that a crime has been committed and the
respondent is probably guilty thereof.

It is required when the penalty prescribed by

law is at least 4 years, 2 months, and 1 day
without regard to the fine.
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PLEADINGS
AND RULES
 WHAT ARE PLEADINGS?
Pleadings are the written statements of the respective claims and
defenses of the parties submitted to the court for appropriate
judgment.
Examples: Complaint, Answer, Reply
Motions, Manifestations
Position Papers, Memorandum

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GENERAL RULES: PARTS AND CONTENTS
OF A PLEADING
A. Caption
B. Body
C. Signature and address
D. Verification
E. Certification against forum shopping

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 caption
✘ Name of the court
✘ Title of the action, and
✘ docket number if assigned

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 The body
✘ The body of the pleading sets forth its
designation, the allegations of the party’s
claims or defenses, the relief prayed for, and
the date of the pleading.

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 FORM OF THE BODY
✘ Paragraphs. – The allegations in the body of a
pleading shall be divided into paragraphs so
numbered as to be readily identified, each of
which shall contain a statement of a single set
of circumstances so far as that can be done
with convenience. A paragraph may be
referred to by its number in all succeeding
pleadings.
✘ Headings. 12
 The body
✘ Relief. – The pleading shall specify the relief
sought, but it may add a general prayer for
such further or other relief as may be deemed
just or equitable.
✘ Date. – Every pleading shall be dated

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 Signature and address
The signature of counsel constitutes a certificate by him
or her that he or she has read the pleading and
document; that to the best of his or her knowledge,
information, and belief, formed after an inquiry
reasonable under the circumstances:

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 Signature and address
✘ (1) It is not for any improper purpose, such as to harass, cause
unnecessary delay, or needlessly increase the cost of litigation;
✘ (2) The claims, defenses, and other legal contentions are
warranted by existing law or jurisprudence, or by a non-
frivolous argument for extending, modifying, or reversing
existing jurisprudence;

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 Signature and address
✘ (3) The factual contentions have evidentiary
support or, if specifically so identified, will likely
have evidentiary support after availment of the
modes of discovery
✘ (4) The denials of factual contentions are
warranted on the evidence or, if specifically so
identified, are reasonably based on belief or a lack
of information.
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 Verification
✘ A pleading is verified by an affidavit of an
affiant duly authorized to sign said verification
and shall allege the following attestations:

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 Verification
✘ (a) The allegations in the pleading are true and correct based on
his or her personal knowledge, or based on authentic documents;
✘ (b) The pleading is not filed to harass, cause unnecessary delay,
or needlessly increase the cost of litigation; and
✘ (c) The factual allegations therein have evidentiary support or, if
specifically so identified, will likewise have evidentiary support
after a reasonable opportunity for discovery. The signature of the
affiant shall further serve as a certification of the truthfulness of
the allegations in the pleading.
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 Certification against 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; and
✘ (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) calendar days therefrom to the court wherein his aforesaid
complaint or initiatory pleading19has been filed.
 Certification against forum
shopping
✘ Failure to comply with the foregoing
requirements shall not be curable by mere
amendment of the complaint or other initiatory
pleading but shall be cause for the dismissal of
the case without prejudice, unless otherwise
provided, upon motion and after hearing.

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 Other contents
✘ (a) Names of witnesses who will be presented to prove a party’s claim or
defense;
✘ (b) Summary of the witnesses’ intended testimonies, provided that the
judicial affidavits of said witnesses shall be attached to the pleading and
form an integral part thereof. Only witnesses whose judicial affidavits are
attached to the pleading shall be presented by the parties during trial.
Except if a party presents meritorious reasons as basis for the admission
of additional witnesses, no other witness or affidavit shall be heard or
admitted by the court; and
✘ (c) Documentary and object evidence in support of the allegations
contained in the pleading.
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MANNER OF MAKING ALLEGATIONS IN
PLEADINGS
✘ Every pleading shall contain in a methodical
and logical form, a plain, concise and direct
statement of the ultimate facts, including the
evidence on which the party pleading relies for
his [or her] claim or defense, as the case may
be.

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 Complaint
✘ Complaint is 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.

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 Information
✘ An information is an accusation in writing
charging a person with an offense, subscribed
by the prosecutor and filed with the court.

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 Test of sufficiency
The complaint or information must set out:
1. the names of the accused
2. the designation of the crime charged
3. the acts complained of as constituting
the crime in ordinary and concise language
4. the offense committed within the
jurisdiction of the court
5. the name of the offended party
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 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.
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 Designation of offenses
✘ 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 circumstance. If there is no
designation of the offense, defense shall be
made to the section or subsection of the
statute punishing it.
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 Cause of 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.

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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 its 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 charged or is
necessary for its identification.
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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.

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 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.
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https://www.youtube.com/watch?v=8gxxKb-D2L8

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 Writing your Own Complaint
✘ Instructions:
✗ Scenario: Watch
https://www.youtube.com/watch?v=8gxxKb-D2L8
✗ Make an complaint of Jenny Zamora for the crime
of Serious Physical Injuries (Date of Incident: June 26,
2021; Address: 235 Purok 19 Zamora St., Burgos, La
Union)
✗ Make sure to apply all our lessons in your output.

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 Parts of the complaint
A. Caption
B. Body
❖ Facts of the Case
❖ Elements of the Crime
❖ Application of the elements to the facts

C. Signature and address

D. Verification
E. Certification against forum shopping
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 Writing your Own Complaint
✘ Format:
✗ Follow the Efficient Paper Rule
✗ PDF file

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