Legal Questions

How are criminal actions instituted?

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Criminal actions shall be instituted as follows:

(a) For offenses where a preliminary investigation is required, by filing the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation.

(b) For all other offenses, by filing the complaint or information directly with the MTC or the complaint with the office of the prosecutor.

Note however, that for offenses committed in Manila and other chartered cities, the criminal action shall be instituted only by filing the complaint with the proper city prosecution office unless provided otherwise by their respective charters.

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