Except in cases that cannot be
prosecuted de oficio, namely
adultery, concubinage, seduction, abduction and acts of lasciviousness, a
complaint filed by the offended party is not necessary for the institution of a
criminal action. The Information filed
by the prosecutor with the proper court is sufficient.
A crime is an offense against the
State, and hence is prosecuted in the name of the People of the
Philippines. The participation of the
private offended party is not essential to the prosecution of crimes, except in
the crimes stated above, or in the prosecution of the civil action deemed instituted
with the criminal action. A complaint for purposes of preliminary investigation
by the prosecutor need not be filed by the “offended party” but may be filed by
any competent person, unless the offense subject thereof cannot be prosecuted de oficio (ELISEO R. FRANCISCO, JR., v. PEOPLE OF THE PHILIPPINES,
G.R. No. 177720, February 18, 2009).
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