Santos-Concio v.

Department of Justice

PRINCIPLE: The requirement under Sec. 3 cannot be used also as a requirement for a
complaint to be filed for purposes of conducting preliminary investigation.

FACTS: The ULTRA stampede happened as a result of the Wowowee anniversary.

Concio et al questioned the complaint filed by the NBI organized by the DOJ since their
complaint is not under oath. NBI argued that such complaint be not under oath because
the purpose of the complaint is for the conduct of the preliminary investigation in order
for the prosecutor to find probable cause and file such case in the proper court.

Discussion:

This case clarifies for purposes of preliminary investigation we may mention complaint
and for purposes of institution of criminal action we may mention complaint. What we
discussed so far is a complaint for institution of criminal action, which must be contained
in one document, and it must be subscribed and sworn to. That requirement, you cannot
use that as also a requirement for a complaint to be filed for purposes of conducting
preliminary investigation.