Validity of a Complaint-Affidavit Filed Without Witness-Affidavits
Philippine criminal-procedure perspective (updated April 2025)
1. What a complaint-affidavit is—and why witness statements are normally annexed
A complaint-affidavit (sometimes called an “affidavit-complaint”) is the sworn narration that initiates a criminal charge before the public prosecutor (or the Office of the Ombudsman, PCGG, etc.). It must (1) be in writing, (2) be sworn to before an authorized officer, and (3) describe facts showing that an offense was committed and who probably committed it.
- Rules of Court. When the offense is cognizable by the Regional Trial Court (RTC), §3 (a), Rule 112 requires that the complaint “be accompanied by the affidavits of the complainant and his witnesses as well as other supporting documents.” citeturn12view0
- DOJ practice. The National Prosecution Service filing checklist similarly asks for “Affidavit/Sworn-Statement of witness/es (five copies + respondents).” citeturn5search0
The rationale is practical, not jurisdictional: attaching the sworn statements of all available eyewitnesses (and documents) allows the investigating prosecutor to decide probable cause quickly and, later, allows the court to rely on the same sworn statements as Judicial Affidavits under A.M. No. 12-8-8-SC. citeturn0search0
2. Is the absence of witness-affidavits fatal? — The doctrinal answer
No. Philippine jurisprudence treats the requirement as directory, not jurisdictional. A complaint-affidavit remains valid—and can still lead to an information and eventually to a conviction—provided the following are present:
| Requisite | Why it matters | Case / source |
|---|---|---|
| Sworn narration of personal knowledge by the complainant | Establishes probable cause on its own | People v. CA (G.R. No. 143591, 25 Nov 2007) – prosecutor may rely solely on the complainant’s affidavit where the case is cognizable by the Municipal Trial Court and even for RTC cases if the facts are sufficient. citeturn12view0 |
| Opportunity of the respondent to answer (due process) | Defect in PI is cured if respondent could move for reconsideration or be heard in court | People v. Cojuangco (2023 Phil. Rep. vol. 800) – defects or even absence of PI do not void the information unless they also amount to denial of due process. citeturn24view0 |
| Judge’s independent finding of probable cause before warrant issuance | Judicial determination may consider only the records forwarded by the prosecutor; the judge may ask for more affidavits but is not required to do so | same case, ¶47-53. citeturn12view0 |
Hence, a complaint-affidavit without annexed witness statements is still actionable if the complainant’s own narration is detailed, based on personal knowledge, and backed up by documentary exhibits (e.g., contracts, photographs, CCTV). The prosecutor may:
- (a) dismiss for insufficiency,
- (b) require clarificatory sworn statements, or
- (c) proceed and file an information on the complainant’s affidavit alone.
Failure to annex witness affidavits is a procedural lapse, not a jurisdictional defect. Only a clear denial of the respondent’s right to be heard (e.g., refusal to receive a counter-affidavit) voids the proceedings. citeturn24view0
3. Practical consequences during prosecution and trial
| Stage | Effect of missing witness affidavits |
|---|---|
| Pre-filing evaluation | Prosecutor may ask complainant to supply them; if still unavailable, case may be dismissed for lack of probable cause but dismissal is discretionary. |
| Preliminary investigation | Investigating officer can subpoena the witnesses directly or require additional affidavits; failure of a witness to execute an affidavit does not automatically end the case. |
| Trial | The prosecution must eventually present the witness live (or via Judicial Affidavit Rule). A witness who never executed a sworn statement before trial may still testify in court; the earlier omission affects only speed, not admissibility. |
| Appellate review | Accused cannot quash the information solely because witness affidavits were not attached at the PI stage; remedy is to raise denial-of-due-process, not mere irregularity. |
4. Interaction with the Judicial Affidavit Rule (JAR)
Under the JAR, prosecution witnesses must submit judicial affidavits five days before pre-trial. citeturn0search0
If no witness affidavit was attached to the complaint, one must be prepared later or the witness must testify orally. Courts have discretion to admit oral testimony even when the JAR is not strictly followed, especially where the right of the accused to confrontation is unaffected (see recent SC rulings on continuous trial, e.g., G.R. No. 241348, 2023). citeturn0search1
5. 2024-2025 reforms: tightening but not invalidating
- 2024 DOJ-NPS Rules on Preliminary Investigations. These rules (effective 16 Oct 2024) still enumerate witness affidavits as documentary requirements but expressly say that substantial compliance suffices when strict compliance is “not feasible without fault of the complainant.” citeturn21search5
- Forthcoming revision of Rule 112. The Supreme Court announced in May 2024 that portions of Rule 112 will be repealed to harmonize with the new DOJ rules. Drafts circulated under A.M. No. 24-02-09-SC retain the directory wording (“shall whenever possible be accompanied by the affidavits of witnesses”), confirming the non-jurisdictional nature of the requirement. citeturn22view0
6. Checklist for complainants and prosecutors
- Always attach every available witness affidavit—doing so speeds up probable-cause resolution.
- If a witness balks at signing, explain it in the complaint and attach corroborating records (photos, chat logs, CCTV).
- Ensure personal knowledge: the complainant’s affidavit must clearly state the basis (“I personally saw…,” “I received the money on…”).
- Respond promptly to defect notices from the prosecutor; submit supplemental affidavits rather than risk dismissal.
- Prepare Judicial Affidavits well before pre-trial even if they were not annexed at the filing stage.
Key take-aways
Lack of witness affidavits is not a fatal defect; the complaint-affidavit’s validity turns on oath, personal knowledge, and sufficiency of factual detail. Where the lone affidavit already shows probable cause, the prosecutor and the court may lawfully proceed. Still, annexing all witness statements remains best practice: it increases the odds of a finding of probable cause, satisfies evolving DOJ and JAR requirements, and avoids later delays.