Section 2. The complaint or information. — The complaint or information shall be in writing, in the name of the People of the Philippines and against all persons who appear to be responsible for the offense involved. 

Section 3. Complaint defined. — A complaint is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated. 

Section 4. Information defined. — An information is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court. (Rule 110, Rules of Court)


Meaning of Complaint

● A complaint is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated (Rule 110, Sec. 3, Rules of Court).


Meaning of Information

● An information is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court (Rule 110, Sec. 4, Rules of Court).

● There is no requirement that the information be sworn to. Otherwise, the rules would have so provided as it does in a complaint. The information need not be under oath, the reason therefore being principally that the prosecuting officer filing it is charged with the special duty in regard thereto and is acting under the special responsibility of his oath of office (Estodillo v. Balomo, A.M. No. RTJ-04-1837, March 23, 2004).


Difference between Complaint and Information

1. A complaint must be under oath while an information requires no oath.  

2. A complaint is subscribed by (a) the offended party, (b) any peace officer, or (c) other public officer charged with the enforcement of the law violated whereas an information is subscribed by the prosecutor;

3. A complaint is either filed in court or in the prosecutor's office while an information is filed in court. 


Form of Complaint and Information

The complaint or information shall be:

1. in writing;
2. in the name of the People of the Philippines and
3. against all persons who appear to be responsible for the offense involved.