Salazar v People |g.r no.

149472 |October 15, 2002|

PROSECUTION OF OFFENSES

FACTS:

The accused received from Olivier Philippines and Skiva International, Inc. the amount of $41,300.00
for the sole purpose of meeting the cost of textile and labor in the manufacture of seven hundred
dozen stretch twill jeans which he (accused) is duty bound to deliver to said complainant, and the
accused once in possession of the same, far from complying from his obligation, with unfaithfulness
and abuse of confidence and to defraud said complainant, did, then and there willfully and unlawfully
and feloniously misappropriate, misapply and convert the same for his own personal use and benefit
despite repeated demands to return the said amount, failed and refused and still fails and refuses to
do so, to the damage and prejudice of said complainant, in the aforementioned amount of $41,300.00
or its equivalent in Philippine currency.

ISSUE:

WON it is necessary that the proper offended party file a complaint for purposes of preliminary
investigation by the fiscal?

RULING:

No. It is not necessary that the proper offended party file a complaint for purposes of preliminary
investigation by the fiscala complaint filed with the fiscal prior to a judicial action may be filed by
any person; If a complaint is filed directly in court, the same must be filed by the offended party and
in case of an information, the same must be filed by the fiscal.The complaint referred to in Rule
110 contemplates one that is filed in court to commence a criminal action in those cases where a
complaint of the offended party is required by law, instead of an information which is generally filed
by a fiscal. It is not necessary that the proper offended party file a complaint for purposes of
preliminary investigation by the fiscal. The rule is that unless the offense subject of the complaint is
one that cannot be prosecuted de oficio, any competent person may file a complaint for preliminary
investigation. Thus, as a general rule, a criminal action is commenced by a complaint or information,
both of which are filed in court. If a complaint is filed directly in court, the same must be filed by the
offended party and in case of an information, the same must be filed by the fiscal. However, a
complaint filed with the fiscal prior to a judicial action may be filed by any person. Thus, in the case
at bar, the complaint was validly filed by Skiva despite the finding of the lower court that petitioner
had no obligation to account to Skiva.