Criminal Case Filing

Process
Technical English 2
Criminal Case Filing Process

If you are a victim of crime or felony in the Philippines, it is wise to

report the crime or felony with the barangay and police authorities.
Thereafter, you must secure a barangay blotter and police blotter or report
so that you may use them as evidences. If you sustained injuries, go to a
government hospital to have yourself checked out. The medical report of
said hospital will be very useful to prove your physical injuries. In addition,
ask someone to take photographs of your injuries as proof.
Criminal Case Filing Process
To enable you to properly lodge a criminal complaint, it is
of foremost concern that you secure the 
services of a good and efficient Philippine lawyer, attorney o
r law firm
. As you will need to file a Complaint-Affidavit with the Office of
the City Prosecutor where the crime was committed, it is
necessary to have your facts straight and evidences in check. A
good criminal lawyer will draft a Complaint-Affidavit which will
prove all the elements of the crime or felony.
Criminal Case Filing Process

After filing your Complaint-Affidavit, the Office of the City

Prosecutor will issue a subpoena against the accused, requiring
him to appear on a certain date and time to submit his Counter-
Affidavit. Thereafter, you may file a Reply-Affidavit to controvert
the new issues he raised. In the same vein, the accused may file
a Rejoinder-Affidavit.
Criminal Case Filing Process

This process is known as preliminary investigation. Preliminary

investigation is 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, and should be held for trial. This is a
crucial stage in criminal proceedings because the prosecutor will have to
determine whether there is sufficient ground to file an information in court
against the perpetrator. That is why you need to seek expert 
legal advice and engage the services of Philippine criminal prosecution
lawyers or attorneys to ensure that your criminal complaint is strong and can
prove the elements of the crime.
Criminal Case Filing Process

If there are no sufficient grounds, then the prosecutor will

dismiss the case. As such, the 
criminal complaint will not be filed in court. Your criminal
lawyer may file a Motion for Reconsideration with the City
Prosecutor. If the Motion is denied, you may seek remedy from
the Department of Justice.
Criminal Case Filing Process

If the prosecutor finds probable cause, he will issue a

resolution spelling out the reasons for such finding. The
prosecutor will correspondingly file an information in court, with
the recommended bail. If the judge in the pertinent court finds
sufficient grounds, he shall issue a warrant of arrest. Except for
certain crimes punishable by reclusion perpetua, when evidence
of guilt is strong, the accused may post bail.
Criminal Case Filing Process

Trial will thereafter ensue. It must be emphasized that criminal cases

 are offenses committed against the state. Thus, the prosecutor or fiscal will
be the one prosecuting the criminal case. However, he may be assisted by
private prosecutors. In view of the known fact that prosecutors are laden
with heavy work load, it is best to secure your own private lawyer in the
Philippines who can give your concerns the appropriate attention and detail.