Module 5: Police Operations

FILING
OF
CRIMINAL
COMPLAINT
Course: PSJLC
 Module 5: Police Operations

OVERVIEW
Course: PSJLC
 Module 5: Police Operations

A proper procedure has to be followed when filing a criminal complaint against an offender, to wit:

♥ REPORT THE CRIME

- The very first step in taking legal action

- generation of a “blotter” as an important piece of evidence of the case

♥ DOCUMENT INJURIES AND DAMAGES

- seek treatment and record the same

- photographs and a doctor’s report

♥ SEEK A LAWYER’S HELP

- qualified attorney's service is essential

- will guide and assist in gathering and preserving evidence

Course: PSJLC
 Module 5: Police Operations

INITIATION OF CRIMINAL ACTION

 File complaints with the City Prosecutor’s Office or Provincial’s Prosecutor Office where the incident/s
took place

 Lawyer will draft the complaint

 Details included in the complaint are as follows:

- incident and place of incident

- evidence/s
- complainant/s’ personal information
- offender/s’ information

Course: PSJLC
 Module 5: Police Operations

RULE 110 OF THE REVISED RULES OF CRIMINAL

PROCEDURES

Section 1. Institution of Criminal Actions

Section 2. The Complaint of Information

Section 3. Complaint: Defined

Section 4. Information: Defined

Section 5. Who Must Prosecute Criminals

Section 6. Sufficiency of Complaint or Information

Section 7. Name of the Accused

Course: PSJLC
 Module 5: Police Operations

RULE 110 OF THE REVISED RULES OF CRIMINAL

PROCEDURES

Section 8. Designation of the Offense

Section 9. Cause of the Accusation

Section 10. Place of Commission of the Offense

Section 11. Date of Commission of the Offense

Section 12. Name of the Offended Party

Section 13. Duplicity of the Offense

Section 14. Amendment or Substitution

Course: PSJLC
 Module 5: Police Operations

RULE 110 OF THE REVISED RULES OF CRIMINAL

PROCEDURES

Section 15. Place where action is to be Instituted.

Section 16. Intervention of the Offended Party.

Course: PSJLC
 Module 5: Police Operations

CONSULTATION WITH THE PROSECUTION

 Conduct of preliminary investigation

 Sufficiency of the complaint

 Merit to pursue the case

 Respondent may issue Counter-Affidavit

Course: PSJLC
 Module 5: Police Operations

PRELIMINARY INVESTIGATION
Rule 112 of the Revised Rules of Criminal Procedures:

Section 1. Definition of Preliminary Investigation.

Section 2. Officers authorized to conduct preliminary investigation.

Section 3. Procedures.

Course: PSJLC
 Module 5: Police Operations

INQUEST PROCEEDINGS
- An informal and summary investigation conducted by a public
prosecutor in criminal cases involving persons arrested without
warrant of arrest

- Rule 112, Section 7 of the Revised Rules of Criminal Procedures

 Lawful arrest of accuse without warrant of arrest

 Arrested person may ask for preliminary investigation

Course: PSJLC
 Module 5: Police Operations

 THE END ♥
Course: PSJLC