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    Complaint

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    Leiya Lansang
    The document outlines the requirements for complaints and pleadings in civil and criminal procedures under the Revised Criminal Procedure, including that a complaint must include the name of the accused, description of the offense, acts complained of, name of the offended party, approximate date and place of the offense. It also describes the required parts of a pleading such as the caption, body, signature, verification, and certificate of non-forum shopping.

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    Attribution Non-Commercial (BY-NC)
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    Complaint

    Uploaded by

    Leiya Lansang
    305 views16 pages
    The document outlines the requirements for complaints and pleadings in civil and criminal procedures under the Revised Criminal Procedure, including that a complaint must include the name of the accused, description of the offense, acts complained of, name of the offended party, approximate date and place of the offense. It also describes the required parts of a pleading such as the caption, body, signature, verification, and certificate of non-forum shopping.

    Original Description:

    arlene's report on complaint for legal writing.

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    The document outlines the requirements for complaints and pleadings in civil and criminal procedures under the Revised Criminal Procedure, including that a complaint must include the name of the accused, description of the offense, acts complained of, name of the offended party, approximate date and place of the offense. It also describes the required parts of a pleading such as the caption, body, signature, verification, and certificate of non-forum shopping.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    305 views16 pages

    Complaint

    Uploaded by

    Leiya Lansang
    The document outlines the requirements for complaints and pleadings in civil and criminal procedures under the Revised Criminal Procedure, including that a complaint must include the name of the accused, description of the offense, acts complained of, name of the offended party, approximate date and place of the offense. It also describes the required parts of a pleading such as the caption, body, signature, verification, and certificate of non-forum shopping.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    of 16
    At a glance
    Powered by AI
    The key takeaways are the definition of a complaint or information and the requirements for preliminary investigation according to the Revised Criminal Procedure.

    The parts of a pleading according to Rule 7 are the caption, body, signature, and verification.

    The requirements for a complaint or information are the name of the accused, designation of the offense, acts or omissions complained of, name of the offended party, approximate date and place of commission.

    COMPLAINT

    ARLENE C. ACEVEDA
    1I- Legal Writing
    Atty. Charmaine Torres- Castro
    DEFINITION
    Revised Criminal Procedure

     Sec. 3. The complaint or information


    – is a 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.
    Rule 112- Preliminary
    Investigation
     
     Preliminary investigation is required
    in offenses where the penalty
    prescribed by law is at least four (4)
    years, two (2) months and one (1)
    day without regard to the fine.
    Rule 112- Preliminary Investigation

     Prision Correcional
     Prision Mayor
     Reclusion Temporal
     Reclusion Perpetua
    SUFFICIENCY
    Revised Criminal Procedure
     Name of the accused
     Designation of the offense given by
    the statute
     Acts or omissions complained of as
     Name of the offended party
     Approximate date of the commission
     Place where offense was committed
    SUFFICIENCY
    Revised Criminal Procedure

     Must charge only one offense

     May be amended
    SUFFICIENCY
    Revised Criminal Procedure

     The complaint shall be accompanied


    by the affidavits of the complainant
    and his witnesses, as well as other
    supporting documents to establish
    probable cause. They shall be in such
    number of copies as there are
    respondents, plus two (2) copies for
    the official file.
    DEFINITION
    Ordinary Civil Actions- Rule 6

     Pleadings are the written statements


    of the respective claims and
    defenses of the parties submitted to
    the court for appropriate judgment.
    DEFINITION
    Ordinary Civil Actions

     The claims of a party are asserted in


    a complaint, counterclaim, cross-
    claim, third (fourth, etc.) party
    complaint, or complaint-in-
    intervention.
    DEFINITION
    Ordinary Civil Actions

     Every ordinary civil action must be


    based on a cause of action.

     A cause of action is the act or


    omission by which a party violates a
    right of another.
    PARTS OF A PLEADING-
    Civil Procedure- Rule 7

    I. CAPTION
    1. Name of court
    2. Title of the action
    3. Docket Number
    PARTS OF A PLEADING-
    Civil Procedure- Rule 7

    II. BODY
    1. Designation of the offense
    2. Allegations of the party’s claims
    3. Relief
    i. Specific
    ii. General
    4. Date
    PARTS OF A PLEADING

    III. Signature
    - Evidence that there is good ground

    to support such action


    - Unsigned pleading produces no legal

    effect
    PARTS OF A PLEADING

    IV. VERIFICATION
    - specifically be required by law

    - required to be verified when


    pleading contains information based
    on "information and belief," or upon
    "knowledge, information and belief,".
    PARTS OF A PLEADING

    V. CERTIFICATE OF NON- 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;
    PARTS OF A PLEADING

    IV. CERTIFICATE OF NON- FORUM SHOPPING

    (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)
    days therefrom to the court wherein his
    aforesaid complaint or initiatory pleading has
    been filed.

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