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Comparison of Information and Complaint

An information is a formal charge filed by a public prosecutor against a person accused of committing a crime after a preliminary investigation determines there is sufficient evidence. A complaint is a sworn statement submitted by the victim or witness charging a person with an offense, which initiates a preliminary investigation. Both can be used to start criminal proceedings in the Philippines, but an information is filed by the prosecutor once probable cause is established, while a complaint begins the process by an individual claiming a crime has been committed.

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171 views1 page

Comparison of Information and Complaint

An information is a formal charge filed by a public prosecutor against a person accused of committing a crime after a preliminary investigation determines there is sufficient evidence. A complaint is a sworn statement submitted by the victim or witness charging a person with an offense, which initiates a preliminary investigation. Both can be used to start criminal proceedings in the Philippines, but an information is filed by the prosecutor once probable cause is established, while a complaint begins the process by an individual claiming a crime has been committed.

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Lalaland P.R.
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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In the Philippines, the justice system provides mechanisms for filing legal actions, and among

these are the "information" and "complaint." Both are used to initiate criminal proceedings, but
they differ in several aspects:
1. Information:
- An "information" is a formal charge filed by a public prosecutor (fiscal) against a person
who has been accused of committing a crime.
- It is filed in court after a preliminary investigation, which is conducted by the prosecutor
to determine whether there is enough evidence to proceed with a trial.
- The information is based on the evidence gathered by law enforcement or the testimony
of complainants and witnesses during the preliminary investigation.
- The filing of information is the prosecutor's assertion that there is probable cause to
believe that the accused committed the offense.
- It is used in both the Metropolitan Trial Courts for less grave offenses and in the Regional
Trial Courts for more serious crimes.
2. Complaint:
- A "complaint" is a sworn written statement charging a person with an offense, submitted
by the complainant (the victim or person who has knowledge of the commission of the
crime).
- It initiates criminal action and is typically the first step, leading to the preliminary
investigation by the prosecutor.
- The complaint is often filed directly with the prosecutor's office, but it can also be filed
with the police, who will then refer it to the prosecutor.
- In some instances, particularly for minor offenses, a complaint can be filed directly with
the court, which is known as a "private complaint."
- A complaint can lead to the filing of information if the prosecutor finds probable cause
after evaluating the complaint and any evidence presented.
-
Both the information and the complaint are integral to the Philippine criminal justice system,
serving to protect the rights of the accused and ensure that justice is served. However, the
decision to file information is within the prosecutorial discretion, based on the evidence
presented during the preliminary investigation, whereas a complaint is initiated by an individual
or entity claiming that a crime has been committed.

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