How to File a Civil or Criminal Case

Updated: May 2026Na-update: Mayo 202617 min read17 minutong basahin

Filing a case in Philippine courts is the formal way to seek justice and enforce your legal rights. Cases fall into two broad categories: civil cases and criminal cases. A civil case involves private disputes between individuals or entities — such as breach of contract, collection of money, damages, and property disputes. A criminal case, on the other hand, involves offenses against the state and society — such as theft, estafa (swindling), physical injuries, and cybercrime. Both types of cases are governed by the Rules of Court, and each follows a distinct procedure from filing through judgment.

Civil Case vs. Criminal Case — Key Differences

Civil Case

Who files: The aggrieved party (plaintiff) through a lawyer
Purpose: To seek compensation, enforcement of rights, or specific relief
Burden of proof: Preponderance of evidence (more likely than not)
Penalties: Payment of damages, injunction, specific performance — no imprisonment
Who prosecutes: The plaintiff's private lawyer

Criminal Case

Who files: The state (People of the Philippines) through the prosecutor
Purpose: To punish the offender for violating the law
Burden of proof: Proof beyond reasonable doubt
Penalties: Imprisonment, fines, civil liability, or a combination
Who prosecutes: The public prosecutor (Fiscal) on behalf of the People

Common Civil Cases in the Philippines

Breach of Contract: When one party fails to fulfill obligations under a written or verbal agreement
Collection of Sum of Money: Filing a case to recover unpaid debts, loans, or financial obligations
Recovery of Possession (Accion Publiciana / Reivindicatoria): Reclaiming ownership or possession of real property
Damages (Quasi-Delict): Seeking compensation for injuries or losses caused by another party's negligence
Foreclosure: Judicial foreclosure of mortgage when a borrower defaults on a loan secured by property
Specific Performance: Compelling a party to fulfill their contractual obligation as agreed
Injunction: Requesting the court to order a party to stop or refrain from doing a specific act

Common Criminal Cases in the Philippines

Theft / Robbery: Unlawfully taking personal property belonging to another with intent to gain
Estafa (Swindling): Defrauding another person through deceit, abuse of confidence, or false pretenses
Physical Injuries: Causing bodily harm to another person, categorized as slight, less serious, or serious
Cyberlibel: Defamation committed through online platforms under the Cybercrime Prevention Act (RA 10175)
BP 22 (Bouncing Checks): Issuing checks without sufficient funds or with a closed account
Violence Against Women and Children (RA 9262): Physical, sexual, psychological, or economic abuse against women and their children
Drug Offenses (RA 9165): Possession, use, sale, or distribution of dangerous drugs

Requirements

For Civil Cases

Verified Complaint prepared by a lawyer (stating cause of action, facts, and relief sought)
Supporting documents and evidence (contracts, receipts, demand letters, affidavits)
Certification against forum shopping (required under the Rules of Court)
Valid government-issued ID of the plaintiff
Filing fees (amount depends on the nature and amount of the claim)
Barangay Certification to File Action (for cases requiring barangay conciliation under the Katarungang Pambarangay Law)

For Criminal Cases

Complaint-Affidavit (sworn statement describing the offense and identifying the accused)
Supporting evidence (photos, videos, medical certificates, police blotter, receipts, screenshots)
Affidavits of witnesses (if applicable)
Valid government-issued ID of the complainant
Police report or blotter entry (for offenses involving violence, theft, or physical injuries)
Barangay Certification to File Action or Certificate of Confrontation (for offenses covered by the Katarungang Pambarangay Law)

Note: Requirements may vary depending on the specific type of case and the court where it will be filed. Consult a lawyer to determine the exact documents needed for your particular situation. The Public Attorney's Office (PAO) provides free legal assistance to qualified indigent clients.

Step-by-Step: Filing a Civil Case

How to File a Civil Case in Philippine Courts

Step 1: Consult a Lawyer
        • Seek legal advice to assess whether you have a valid cause of action
        • Determine the proper court to file the case (jurisdiction and venue)
        • If you cannot afford a lawyer, approach the PAO for free legal aid

Step 2: Prepare the Verified Complaint
        • Your lawyer will draft the complaint stating the facts, cause of action, and relief sought
        • Attach all supporting documents and evidence
        • Include the Certification Against Forum Shopping
        • Ensure compliance with barangay conciliation (if required)

Step 3: File with the Correct Court
        • MeTC/MTC — for civil cases involving amounts up to PHP 400,000
        • RTC — for civil cases involving amounts above PHP 400,000
        • File in the city or municipality where the defendant resides or where the cause of action arose

Step 4: Pay Filing Fees
        • The Clerk of Court will compute the filing fees based on the amount claimed
        • Pay at the court's cashier and keep the official receipt
        • The case will be raffled to a specific branch of the court

Step 5: Court Issues Summons to Defendant
        • The court will issue a summons requiring the defendant to file an Answer
        • The defendant has 30 days to file their Answer (under the 2019 Amended Rules)
        • If the defendant fails to answer, the plaintiff may move for a declaration of default

Step 6: Pre-Trial and Trial
        • Both parties attend the pre-trial conference for possible settlement or stipulation of facts
        • If no settlement is reached, the case proceeds to trial
        • Both parties present evidence and witnesses
        • The court renders a decision based on the evidence presented

Step-by-Step: Filing a Criminal Case

How to File a Criminal Case in Philippine Courts

Step 1: File a Complaint at the Barangay, Police, or NBI
        • For offenses covered by the Katarungang Pambarangay Law, file at your barangay first
        • For serious crimes (robbery, rape, drug offenses), file directly with the police or NBI
        • Have the incident recorded in the police blotter

Step 2: File Complaint-Affidavit with the Prosecutor's Office
        • Prepare your sworn Complaint- Affidavit describing the offense in detail
        • Attach all evidence: photos, medical certificates, receipts, screenshots, witness affidavits
        • Submit to the Office of the City or Provincial Prosecutor

Step 3: Preliminary Investigation by the Prosecutor
        • The prosecutor will evaluate whether there is probable cause
        • The respondent (accused) will be asked to submit a Counter-Affidavit
        • Both parties may be called for a clarificatory hearing

Step 4: Information Filed with the Court
        • If probable cause is found, the prosecutor files an Information (formal charge) with the court
        • If no probable cause, the complaint is dismissed (the complainant may file a motion for reconsideration or appeal)
        • The court may issue a warrant of arrest or allow the accused to post bail

Step 5: Arraignment
        • The accused is formally informed of the charges in open court
        • The accused enters a plea of guilty or not guilty
        • Pre-trial conference is scheduled

Step 6: Trial
        • The prosecution presents evidence and witnesses first
        • The defense presents its evidence and witnesses
        • Both parties may present rebuttal and sur-rebuttal evidence

Step 7: Judgment
        • The court renders a decision of conviction or acquittal
        • If convicted, the court imposes the penalty (imprisonment, fine, or both)
        • Either party may appeal the decision to a higher court within the prescribed period

Example Explained

Civil Case Process

Step 1: Begin by consulting a lawyer. Your lawyer will evaluate your situation and determine whether you have a valid cause of action. The lawyer will also identify the proper court with jurisdiction over your case — this depends on the nature and amount of the claim. If you cannot afford a private lawyer, the Public Attorney's Office (PAO) provides free legal assistance to qualified indigent clients.

Step 2: Your lawyer drafts a Verified Complaint setting forth the facts, your cause of action, and the specific relief you are requesting (e.g., payment of money, return of property, damages). All supporting evidence is attached as annexes. A Certification Against Forum Shopping must also be included, certifying that you have not filed the same case in any other court.

Step 3: File the complaint with the correct court. The MeTC or MTC handles civil cases involving amounts up to PHP 400,000, while the RTC handles cases above that threshold. The complaint is typically filed in the city or municipality where the defendant resides.

Steps 4–6: After paying filing fees, the court issues a summons to the defendant. The defendant has 30 days to file an Answer. Both parties then attend a pre-trial conference, where settlement may be explored. If no settlement is reached, the case proceeds to trial, where both sides present their evidence and witnesses before the judge renders a decision.

Criminal Case Process

Step 1: For criminal offenses, the process begins with filing a complaint. For barangay- level offenses (slight physical injuries, threats, oral defamation between neighbors), the complaint must first go through barangay conciliation. For serious crimes, go directly to the police station or NBI to have the incident recorded in the blotter.

Steps 2–3: You then file a Complaint-Affidavit with the Prosecutor's Office. The prosecutor conducts a preliminary investigation, evaluating whether probable cause exists to charge the respondent. The respondent is given the opportunity to submit a Counter-Affidavit.

Steps 4–7: If the prosecutor finds probable cause, an Information (formal criminal charge) is filed with the court. The accused is arraigned, enters a plea, and the case proceeds to trial. The prosecution bears the burden of proving guilt beyond reasonable doubt. The court then renders a judgment of conviction or acquittal.

Complete Example #1: Filing a Civil Case for Collection

Real-World Scenario — Civil Case

Scenario: Ana lent PHP 500,000 to her friend Carlo. Carlo signed
a promissory note agreeing to repay within 1 year. The due date
has passed, and despite multiple verbal and written demands,
Carlo has refused to pay. Ana wants to file a civil case for
collection of sum of money based on breach of the promissory note.

What Ana Prepares:
  • Original and photocopy of the signed Promissory Note
  • Copies of demand letters sent to Carlo (with proof of receipt)
  • Bank records showing the transfer of PHP 500,000 to Carlo
  • Text messages / emails where Carlo acknowledged the debt
  • Valid ID (PhilSys National ID)
  • Barangay Certification to File Action (after failed conciliation)

Ana's Timeline:
  Day 1 — Consults a lawyer; lawyer confirms valid cause of action
  Day 3 — Lawyer drafts the Verified Complaint for Collection
  Day 5 — Files complaint with the RTC (amount exceeds PHP 400,000)
  Day 5 — Pays filing fees of approximately PHP 15,000–20,000
  Day 7 — Court issues summons to Carlo
  Day 37 — Carlo files his Answer (within 30-day period)
  Day 60 — Pre-trial conference scheduled

Possible Outcomes:
  • Settlement at pre-trial — Carlo agrees to pay in installments
  • Trial — Court orders Carlo to pay PHP 500,000 plus interest
  • Default — If Carlo fails to answer, court may rule in Ana's favor

Court: Regional Trial Court (RTC) — amount exceeds PHP 400,000
Filing Fee: Approximately PHP 15,000–20,000 (varies by amount claimed)
Estimated Duration: 1–3 years (civil cases can take time)

Complete Example #2: Filing a Criminal Case for Estafa

Real-World Scenario — Criminal Case

Scenario: Pedro invested PHP 300,000 in a business venture with his
partner, Marco. Marco promised a 50% return within 6 months.
After receiving the money, Marco disappeared and stopped
responding to calls and messages. Pedro discovered that the
"business" never existed — Marco used the money for personal
expenses. Pedro wants to file a criminal complaint for estafa
(swindling) under Article 315 of the Revised Penal Code.

What Pedro Prepares:
  • Complaint-Affidavit (sworn statement describing how Marco defrauded him)
  • Copy of the investment agreement signed by both parties
  • Bank deposit slips / transfer records showing PHP 300,000 sent to Marco
  • Text messages and emails where Marco promised the investment returns
  • Screenshots proving Marco's deception and disappearance
  • Affidavits of witnesses (other victims of Marco, if any)
  • Valid ID (PhilSys National ID)

Pedro's Timeline:
  Day 1 — Files police report / blotter entry
  Day 3 — Consults a lawyer for assistance with the Complaint-Affidavit
  Day 5 — Files Complaint-Affidavit with the City Prosecutor's Office
  Day 15 — Prosecutor issues subpoena to Marco for Counter-Affidavit
  Day 25 — Marco fails to submit Counter-Affidavit
  Day 45 — Prosecutor finds probable cause; files Information with RTC
  Day 50 — Court issues warrant of arrest against Marco
  Day 60+ — Arraignment, pre-trial, and trial commence

Possible Outcomes:
  • Conviction — Marco is sentenced to imprisonment and ordered
    to pay PHP 300,000 in restitution
  • Plea bargain — Marco pleads guilty to a lesser offense in
    exchange for a reduced sentence
  • Settlement — Marco returns the money; Pedro may execute an
    Affidavit of Desistance (though the case may still proceed)

Court: Regional Trial Court (RTC) — estafa involving PHP 300,000
Filing Fee: None for criminal complaints (filed through the prosecutor)
Estimated Duration: 2–5 years (criminal trials can be lengthy)

Court Jurisdiction: Which Court Handles What?

Court	Civil Cases	Criminal Cases
MeTC / MTC / MCTC	Civil cases involving amounts not exceeding PHP 400,000 (or PHP 300,000 outside Metro Manila); ejectment (unlawful detainer and forcible entry) cases regardless of amount	Offenses punishable by imprisonment not exceeding 6 years, regardless of the fine; all violations of city or municipal ordinances
Regional Trial Court (RTC)	Civil cases involving amounts exceeding PHP 400,000 (or PHP 300,000 outside Metro Manila); cases involving title to or possession of real property valued above the MTC threshold	Offenses punishable by imprisonment exceeding 6 years; cases not within the exclusive jurisdiction of any court, tribunal, or body
Court of Appeals (CA)	Appeals from RTC decisions in civil cases; original jurisdiction over petitions for certiorari, prohibition, and mandamus	Appeals from RTC decisions in criminal cases; review of cases where the penalty imposed is reclusion perpetua or life imprisonment
Supreme Court (SC)	Petitions for review on certiorari of CA decisions; cases involving constitutionality of laws	Automatic review of cases where the penalty is death, reclusion perpetua, or life imprisonment; petitions for review on certiorari

Note: Jurisdictional amounts are based on RA 11576 (2021), which expanded the jurisdiction of first-level courts. Special courts such as the Sandiganbayan, Court of Tax Appeals, and Shari'a Courts have their own exclusive jurisdictions. Always verify the current jurisdictional thresholds with your lawyer.

Frequently Asked Questions

Q: Can I file both a civil and criminal case for the same act?

Yes. Under Philippine law, a single act or omission may give rise to both civil and criminal liability. For example, if someone defrauds you of money (estafa), you can file a criminal case for estafa and a separate civil case for collection of the amount. In many criminal cases, the civil action for damages is deemed instituted with the criminal action unless the offended party reserves the right to file it separately or has already filed it before the criminal case.

Q: How long does a civil or criminal case take in the Philippines?

The duration varies significantly depending on the complexity of the case, the court's caseload, and the cooperation of the parties. Simple civil cases may be resolved in 1–2 years, while complex ones can take 3–5 years or more. Criminal cases typically take 2–5 years at the trial court level. Appeals can add another 1–3 years. The Supreme Court has issued guidelines on the continuous trial system to speed up the resolution of cases.

Q: Can I settle the case even after it has been filed in court?

Yes. In civil cases, the parties may settle at any stage of the proceedings through a compromise agreement, which the court will approve and render as a judgment. In criminal cases, settlement is more limited — only offenses that are not crimes against the state may be settled by compromise. However, the offended party may execute an Affidavit of Desistance, although this does not automatically result in dismissal since the case is prosecuted by the state.

Q: What is barangay conciliation and when is it required?

Barangay conciliation under the Katarungang Pambarangay Law (RA 7160, Sections 399–422) requires that disputes between parties residing in the same city or municipality must first be brought before the barangay for mediation before a case can be filed in court. This applies to offenses punishable by imprisonment not exceeding one year or a fine not exceeding PHP 5,000, as well as civil disputes involving amounts within the jurisdiction of the MTC. If conciliation fails, the barangay issues a Certification to File Action, which is a prerequisite for filing the case in court.

Q: Do I need a lawyer to file a case?

For civil cases, you generally need a lawyer to prepare and file the complaint, as the Rules of Court require verified pleadings and compliance with specific procedural requirements. For criminal cases, you can file the complaint-affidavit yourself at the Prosecutor's Office, but having a lawyer is strongly recommended to ensure your complaint is properly drafted and supported by evidence. The exception is small claims cases (PHP 400,000 and below), where lawyers are not allowed to appear.

Q: What is the Public Attorney's Office (PAO)?

The Public Attorney's Office (PAO) is a government agency under the Department of Justice that provides free legal assistance to qualified indigent clients. To qualify, your net income must not exceed the poverty threshold set by NEDA for the area where the case will be filed. PAO lawyers can represent you in both civil and criminal cases, from drafting pleadings to representing you in court. PAO offices are located in the Hall of Justice in every city and province.

Important Reminders

Prescriptive periods apply — civil cases must be filed within the period set by law (e.g., 10 years for written contracts, 6 years for oral contracts, 4 years for quasi-delicts). Criminal cases also have prescriptive periods depending on the offense (e.g., 20 years for crimes punishable by reclusion temporal, 10 years for crimes punishable by prision mayor). Filing beyond the prescriptive period means your case will be dismissed.
Barangay conciliation is mandatory for disputes between parties living in the same city or municipality, for offenses punishable by imprisonment not exceeding 1 year or a fine not exceeding PHP 5,000, and for civil disputes within MTC jurisdiction — failure to undergo barangay conciliation is a ground for dismissal of the case
Always keep original documents and evidence in a safe place — bring originals plus at least two sets of photocopies when filing or attending hearings
Filing fees for civil cases are computed based on the amount of the claim — criminal complaints filed with the Prosecutor's Office do not require filing fees
An Affidavit of Desistance in a criminal case does not automatically result in dismissal — the prosecutor or the court may still proceed with the case as it is an offense against the state
If you cannot afford a lawyer, seek help from the Public Attorney's Office (PAO), the Integrated Bar of the Philippines (IBP) legal aid, or law school legal aid clinics — free legal services are available throughout the country
Attend all scheduled hearings — failure to appear may result in dismissal of your case (for plaintiffs/complainants) or issuance of a warrant of arrest (for accused in criminal cases)
Consider alternative dispute resolution (ADR) such as mediation or arbitration before resorting to litigation — court-annexed mediation is available and may lead to faster, less costly resolution of disputes

Disclaimer

This guide is provided for general informational purposes only. The requirements, steps, fees, and procedures mentioned here may vary depending on the Courts you visit. We recommend visiting your nearest Courts first to confirm the specific requirements and process before preparing your documents.

❮ PreviousNext ❯