Complaint and Information (Secs.

3 & 4)

Who can file a complaint

 The offended party

 For purposes of preliminary investigation by the prosecutor, complaint need not be filed by the
offended party but may be filed by any competent person
o Exception: Subject thereof cannot be prosecuted de officio

Whom complaint is filed

 In crim cases, interest of private complainant is limited to civil liability only

 Limited to that of a witness for the prosecution

Complaint Information
Must be sworn and in writing Need not be sworn; only in writing
Subscribed by: Subscribed by the Prosecutor
(a) Offended party
(b) Peace Officer
(c) Other Public Officer charged with law
enforcement

Infirmity of signature in the information

 Jeopardy does not attach where an accused pleads guilty to a defective indictment
 Lack of authority of the officer signing it, cannot be cured by silence, acquiescence, or even by
express consent

Test for sufficiency of complaint/information

 W/n crime imputed is described in understandable terms

o Rationale: To enable accused to suitably prepare for his defense
 Must validly charge an offense
o The determination of w/n an offense is validly charged depends on the material facts
alleged in the complaint/information w/c shall establish the essential elements of the
offense charged.

Questioning the insufficiency of the complaint or information

 Objections relating to the form of the information or complaint must be made upon his
arraignment or during trial. It cannot be made for the first time on appeal. Failure to timely object
would be taken as a waiver.
o Rationale: The fact that the accused participated and presented his defenses to contradict
the crime imputed against him without first objecting to the information/complaint
containing said imputations would logically lead to the presumption that accused
declined or abandoned his right to assert it.

How the nature of the offense is determined

  By the actual recital of the facts in the complaint or information hence, every element of the
offense must be stated in the information.
 Not from:
o Caption or preamble
o Specification of the provision violated

Effect of failure to mention the provision violated

 Does not vitiate the information if the facts alleged clearly recite the facts constituting the crime
charged.
o Rationale: What controls is not the mentioning of the provision violated but the actual
facts recited in the information.

Statement of qualifying and aggravating circumstances

 Facts proving the existence of aggravating and qualifying circumstances must be recited.
 Failure to state an aggravating circumstance, even if duly proven at the trial, will not be
appreciated.
o Rationale: Accused will be denied of the right to be informed of the crime charged against
him.

Duplicity of the offense

 “a joinder of distinct offenses in one complaint or information”

 General rule: Complaint/information must charge one offense only.
o Exception: Where the law gives one penalty for various offenses.
 Complex and Compound Crimes (One act results to the commission of two or
more grave or les grave felonies; When one offense is a necessary means to the
commission of another offense)
 Special Complex Crimes (Rape with homicide)

Waive of duplicity of the offense

 Failure to object to the duplicity of offenses in one complaint or information would be deemed as
a waiver.
o Effect:
(1) The court may convict him for as many offenses as are charged and proved, and
(2) impose on him the penalty for each offense.