ESSENTIAL PARTS OF AN INFORMATION 1. Caption
2. Heading
3. Opening sentence
4. Body alleging acts or omissions constituting a crime 5. Contrary to law
6. Certification of Preliminary Investigation 7. Jurat
8. List of Witnesses 9. Bail Recommended
ESSENTIAL PARTS OF A COMPLAINT 1. Caption
3. Opening sentence
4. Body alleging facts or omissions constituting a crime 5. Contrary to law
6. Oath of Complaint with his/her signature 7. Certification of Prosecutor
8. Jurat
DIRECT FILING OF COMPLAINT 1. Caption
2. Heading
3. Opening sentence
4. Body alleging facts or omissions constituting a crime 5. Signature
6. Jurat COMPLAINT
COMPLAINT FILED BY OFFENDED PARTY BEFORE MUNICIPAL JUDGE ACTS OF LASCIVIOUSNESS
(Caption and Title) COMPLAINT
The undersigned, _______________, accuses _______________ of the crime of an ACT OF LASCIVIOUSNESS, committed as follows, to wit:
That on or about _______________, in the Municipality of ______________, Province of
______________, Philippines, within the jurisdiction of this Court, the said accused, actuated by lust, did then and there, willfully, unlawfully, and feloniously, commit an act of lasciviousness upon the undersigned by then and there embracing and kissing her and touching her breasts and sexual organs, against her will, and by means of force.
__________, this __________ day of __________________, 2001.
________________________
Offended Party
Subscribed and sworn to before me this______ day of ________________, 2001, by _____________________, offended party. _________________________ Municipal Judge of __________ WITNESSES: ____________________________ ____________________________ INFORMATION
ABDUCTION WITH CONSENT (Caption and Title)
INFORMATION
The undersigned, provincial fiscal, upon sworn complaint originally filed by the offended party , accuses ______________ of the crime of Abduction with Consent, committed as follows:
That on or about ______________ in the Municipality of ____________, province of _____________, Philippines, within the jurisdiction of this court, the said accused willfully, unlawfully, and feloniously removed, took and carried away _________, a virgin over twelve and under eighteen years of age, from her
dwelling with her consent and with lewd designs. Contrary to law: ____, ___________,2000 _______________________ (Provincial Prosecutor) WITNESSES: ______________________ ______________________ CERTIFICATION
NOTE: All informations, for offenses filed by the city or provincial prosecutors must contain a certification under oath by the investigating fiscal that before filing the case he had previously conducted a preliminary investigation wherein the accused was given a chance to appear. Such a certification under oath may be stated substantially as follows:
A preliminary investigation has previously been conducted in this case under my direction, having examined the witnesses in accordance with the provisions of R.A. No. 5180, as amended by P.D. No. 77, Dec.6, 1972 and P.D. 911, March 23, 1976 and as implemented by Dept. of Justice Circular No. 74, series of 1967 and Circular No. 23, series of 1975.
______________________
Assistant Prosecutor SUBSCRIBED AND SWORN to before me this _____ day of ____________, 2000 in the city/municipality of ___________, Philippines, by _________________, assistant fiscal of _______________.
_______________________
Judge, RTC of ___________
NOTE : The “OK” or approval by the City or Provincial Prosecutor is also required by law before any information may be filed by any assistant fiscal.
SERIOUS ILLEGAL DETENTION/KIDNAPPING (Caption and Title)
The undersigned accuses X of the crime of SERIOUS ILLEGAL DETENTION ( or KIDNAPPING), committed as follows:
That about and during the period beginning the _____ day of ________________, 2000, in the municipality of ________________, province of _______________, Philippines, and within the jurisdiction of this Honorable
Court, said X, suspecting that one Z had knowledge of the elopement of her sister , did then and there willfully, unlawfully, feloniously and by force, take said Z, a man 50 years of age, while the latter was walking in ________________, whom said accused detained and kept locked room in his room from _______________ to _______________, 2000, or a period of _______days, under restraint and against the will of the said Z, and said accused did, during said period of detention, maltreat and refuse to release said Z until the sister of the accused was found.
Contrary to law.
_______________________
Prosecutor MISCELLANEOUS CRIMINAL PROCEEDINGS
PETITION FOR BAIL (Caption and Title) PETITION FOR BAIL
COMES NOW the defendant in the above-titled case by his undersigned attorney and respectfully states:
1. That the defendant is in the custody for the alleged commission of a capital offense;
2. That no bail has been recommended for his temporary release, on the assumption that the evidence of guilt is strong;
3. That the burden of showing that evidence of guilt is strong is on the prosecution, and unless this fact is satisfactorily shown, the defendant may be bailed at the court’s discretion.
WHEREFORE, upon prior notice and hearing, it is respectfully prayed that the defendant be admitted to bail in such amount as this Honorable Court may fix.
_____, _______________, 2000.
_______________________
(Attorney for the Defendant)
_______________________
(Address)
NOTICE OF APPEAL (Caption and Title) NOTICE OF APPEAL
COMES NOW the defendant (or plaintiff as the case maybe) by the undersigned attorney, and hereby files notice of appeal from the judgment of this Honorable Court in the above-entitled case, dated ____________ a copy of which was received by him on _______________, and appeals the same to the Court of Appeals.
_____, _______________, 2000.
_______________________
(Attorney for the Petitioner)
_______________________
(Address) SUBPOENA
(NOTE : A subpoena shall be signed by the clerk, or by the judge if his court has no clerk, under the seal of the court. It shall state the name of the court and the title of the action or investigation, shall be directed to the person whose attendance is required, and if subpoena duces tecum, it shall also contain a reasonble description of the things demanded which must appear to the court prima facie relevant).
SUBPOENA To: _____________________
_____________________
You are hereby commanded to appear before the Regional Trial Court of _________________, on the _____ day of ________________, 2000, at _________ o’clock A. M., then and there to testify in the action of X against Y
(here set the number of the case).
Witness the Honorable ______________, judge of said court, this ______ day of _________________, 2000
_______________________
(Clerk)
SUBPOENA DUCES TECUM (Caption and Title) To: _____________________
You are hereby required to appear before the Regional Trial Court of ________________ on the ______ day of _______________, 2000 at _________ o’clock and to bring with you into the court the following (describe book, deed, writing, or other documents), it being necessary to use the same as testimony in the cause there pending, wherein _________________ is the plaintiff and _________________ is defendant.
______________________
Judge X, RTC of _______
ORDER OF ARREST (Caption)
Case No. ____________
REPUBLIC OF THE PHILIPPINES, Plaintiff,
-versus- } ORDER OF ARREST
___________________________ Accused.
TO ANY OFFICER OF THE LAW:
You are hereby commanded to arrest _________________________ who is said to be at ________________________________ and who stands __________ charged before me of the crime of ___________________, and to bring him before me as soon as possible to be dealt with as the Rules of Court direct. ___________________, Philippines, _____ day of _______________, 2000.
_______________________
Judge X, RTC ________
SEARCH WARRANT (Caption)
THE PEOPLE OF THE PHILIPPINES
Plaintiff, Criminal Case No. _______
-versus- } For
______________________ ________________________ (State nature of offense)
Defendant, X --- X
SEARCH WARRANT TO ANY PEACE OFFICER:
Greetings:
It appearing to the satisfaction of the undersigned, after examining under oath (name of applicant) and his witness (name of witness) that there are good and sufficient reasons to believe that (name of person or persons to be searched) has in his control in premises No. _______ in (name of street), district of _______________.
Subject of the offense
Property Stolen or embezzled and other proceeds or fruits of the offense
Used or intended to be used as the means of committing an offense
which should be seized and brought to the undersigned.
You are hereby commanded to make immediate search at any time in the day/night of the premises above described and forthwith seize and take possession of the following personal property, to wit:
(give complete and detailed description of the
________________________________________________________________ ______
property to be seized )
and bring said property to the undersigned to be dealt with as the law directs. Given under my hand this ______ day of ________________, at _________________, Philippines.
______________________
Judge, RTC of __________
DEMURRER TO EVIDENCE
(Caption and Title)
MOTION TO DISMISS BY WAY OF DEMURRER TO EVIDENCE
Accused JUAN DELA CRUZ, through counsel, and pursuant to leave granted by this Honorable Court in its order dated 20 May 2000, respectfully submits this motion to dismiss by way of demurrer to evidence and alleges that:
The Indictment
Arguments
(why the case should be dismissed; insufficiency of evidence should be among those enumerated,
showing why the same is insufficient) Prayer
(With Notice of Hearing, Proof of Service, and Explanation)
APPLICATION FOR COMPULSORY PROCESS TO SECURE ATTENDANCE OF WITNESS
(Caption and Title)
The Clerk of Regional Trial Court _______________________________ Sir: Please cause a subpoena to be issued to the following persons in order that they may appear to testify in behalf of the defendant in the trial of this case which shall take place before this court on _____________ , at ________ A.M: ____________________________ _________________________ (Name) (Address) ____________________________ _________________________ (Name) (Address) __________, this _________ day of ______________, 2000. ______________________
(Attorney for the Defendant)
_______________________
(Address)
PRAYER TO ST. JOSEPH OF CUPERTINO
O Great St. Joseph of Cupertino, who when on earth did obtain from God the grace to be asked in the examinations only questions you knew. Obtain for me the same favor in this examinations which I am now preparing for. In return I promise to make you known and cause to be invoked through Christ, our Lord. Amen