How to File a Criminal Case How to File a Criminal Case in the Philippines

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. 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 or law firm. As you will need to file a Complaint Affidavit with the !ffice 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. After filing your Complaint Affidavit, the !ffice of the City Prosecutor will issue a subpoena against the accused, re"uiring him to appear on a certain date and time to submit his Counter Affidavit. Thereafter, you may file a #eply Affidavit to controvert the new issues he raised. In the same vein, the accused may file a #ejpinder Affidavit. This process is known as preliminary investigation. Preliminary investigation is an in"uiry 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 e$pert legal advice and engage the services of Philippine criminal prosecution lawyers or attorneys to ensure that your criminal complaint is strong and can prove the elements of the crime. If there are no sufficient grounds, then the prosecutor will dismiss the case. As such, the criminal complaint will not be filed in court. %our criminal lawyer may file a &otion for #econsideration with the City Prosecutor. If the &otion is denied, you may seek remedy from the 'epartment of (ustice. If the prosecutor finds probable cause, he will issue a resolution spelling out the reasons for such finding. The prosecutor will correspondingly file an information in court, with the recommended bail. If the judge in the pertinent court finds sufficient grounds, he shall issue a warrant of arrest. )$cept for certain crimes punishable by reclusion perpetua, when evidence of guilt is strong, the accused may post bail.

Trial will thereafter ensue. It must be emphasi*ed that criminal cases are offenses committed against the state. Thus, the prosecutor or fiscal will be the one prosecuting the criminal case. +owever, 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. If you need help in filing and prosecuting a criminal case against someone in the Philippines, visit our website www.ndvlaw.com. !ur Philippine criminal prosecution lawyers and paralegals may be able to help you achieve criminal justice.