Complaint is filed when it is submitted

Complaint is filed when it is submitted "When is a complaint considered filed, is it on the day the complaint was made or on the day it was actually submitted? Let us say, the act complained of happened on January 1, 2010, but the actual complaint affidavit was prepared, signed and filed on February 1, 2010. Will this be considered valid? Is it normal and acceptable if there is a considerable lapse of time between the occurrence of the act complained of and the filing of the actual complaint? MelDear Mel, A complaint is considered filed when it is actually submitted before the agency, office or court having jurisdiction thereof for determination or investigation. Generally, it is acceptable for the complaint to be executed after the date of the commission of the offense. It is normal in some instances that the offended parties show some hesitations or even unwillingness in reporting their complaints which, in turn, causes delay in the filing thereof. However, it is worth emphasizing that the lapse of time between the commission of the crime and the filing of the complaint must not be substantial because the crime may prescribe. As a rule, the period of prescription shall commence to run from the day on which the crime is discovered by the offended party, the authorities, or their agents, and it will only be interrupted by the filing of the complaint or information (Article 91, Revised Penal Code of the Philippines). Accordingly, if the proper complaint is not filed and the crime has prescribed, the offender may not be held criminally responsible for the offense attributed to him.In the situation that you have presented before us, we believe that the complaint may still be considered valid and the person who committed the crime may still be held criminally responsible if the crime that he has allegedly committed is punishable under the Revised Penal Code because, as you have mentioned in your letter, the complaint was filed only one month after the commission of the crime. Take note that the prescription of crimes as provided for under Article 90, id, are as follows: “Crimes punishable by death, reclusion perpetua or reclusion temporal shall prescribe in twenty years.Crimes punishable by other afflictive penalties shall prescribe in fifteen years. Those punishable by a correctional penalty shall prescribe in ten years with the exception of those punishable by arresto mayor, which shall prescribe in five years.The crime of libel or other similar offenses shall prescribe in one year.The offenses of oral defamation and slander by deed shall prescribe in six months.Light offenses prescribe in two months. x x x” We would like to stress, however, that if the crime he committed is punishable under special laws, the filing of the complaint must be made before the lapse of the prescriptive period particularly provided for under the applicable special law.We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net." - https://www.affordablecebu.com/