Institution of Criminal Actions

1. For offenses which require preliminary investigation:

• By filing the complaint with the proper officer for preliminary investigation.

Ø  Refers to a complaint-affidavit, and is different from the complaint defined in Section 3 of Rule 110.

Ø  These offenses are those where the penalty prescribed by law is at least 4 years, 2 months and 1 day of imprisonment without regard to the fine.

2. For all other offenses, or for offenses which are penalized by law with lower than at least 4 years, 2 months and 1 day without regard to the fine:

• Instituted directly with the MTC and MCTC, or the complaint is filed with the Office of the Prosecutor.

•  In Manila and other chartered cities, the complaint shall be filed with the Office of the Prosecutor unless otherwise provided in their charters.

3. Take Note: A complaint for offenses cognizable by the RTC is NOT filed directly with the RTC either for purposes of preliminary investigation or for commencement of the criminal prosecution.

4. The institution of the criminal action interrupts the running of the period of prescription of the offense charged

• Unless: otherwise provided in special laws. 

• Act No. 3323 governs the prescriptive periods of violations of special laws, or offenses other than those penalized under the Revised Penal Code.

5. The filing of a complaint for purposes of preliminary investigation starts the prosecution process.