does a will have to be notarized and filed in sc d

#Does a will have to be notarized and filed in sc d trial

If there is no designation of the offense, reference shall be made to the section or subsection of the statute punishing it. The complaint or information shall state the designation of the offense given by the statute, aver the acts or omissions constituting the offense, and specify its qualifying and aggravating circumstances.

If the true name of the accused is thereafter disclosed by him or appears in some other manner to the court, such true name shall be inserted in the complaint or information and record. If his name cannot be ascertained, he must be described under a fictitious name with a statement that his true name is unknown. The complaint or information must state the name and surname of the accused or any appellation or nickname by which he has been or is known. When an offense is committed by more than one person, all of them shall be included in the complaint or information. A complaint or information is sufficient if it states the name of the accused the designation of the offense given by the statute the acts or omissions complained of as constituting the offense the name of the offended party the approximate date of the commission of the offense and the place where the offense was committed. The prosecution for violation of special laws shall be governed by the provisions thereof. No criminal action for defamation which consists in the imputation of the offenses mentioned above shall be brought except at the instance of and upon complaint filed by the offended party. The right to file the action granted to parents, grandparents or guardian shall be exclusive of all other persons and shall be exercised successively in the order herein provided, except as stated in the preceding paragraph. Where the offended party, who is a minor, fails to file the complaint, her parents, grandparents, or guardian may file the same. The offended party, even if a minor, has the right to initiate the prosecution of the offenses of seduction, abduction and acts of lasciviousness independently of her parents, grandparents, or guardian, unless she is incompetent or incapable of doing so. If the offended party dies or becomes incapacitated before she can file the complaint, and she has no known parents, grandparents or guardian, the State shall initiate the criminal action in her behalf. The offenses of seduction, abduction and acts of lasciviousness shall not be prosecuted except upon a complaint filed by the offended party or her parents, grandparents or guardian, nor, in any case, if the offender has been expressly pardoned by any of them. The offended party cannot institute criminal prosecution without including the guilty parties, if both alive, nor, in any case, if the offended party has consented to the offense or pardoned the offenders. The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouse.

#Does a will have to be notarized and filed in sc d trial

This authority cease upon actual intervention of the prosecutor or upon elevation of the case to the Regional Trial Court. However, in Municipal Trial Courts or Municipal Circuit Trial Courts when the prosecutor assigned thereto or to the case is not available, the offended party, any peace officer, or public officer charged with the enforcement of the law violated may prosecute the case. All criminal actions commenced by a complaint or information shall be prosecuted under the direction and control of the prosecutor. An information is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court. 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. 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. The institution of the criminal action shall interrupt the running period of prescription of the offense charged unless otherwise provided in special laws. In Manila and other chartered cities, the complaint shall be filed with the office of the prosecutor unless otherwise provided in their charters. (b)ğor all other offenses, by filing the complaint or information directly with the Municipal Trial Courts and Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor.

(a)ğor offenses where a preliminary investigation is required pursuant to section 1 of Rule 112, by filing the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation.

Criminal actions shall be instituted as follows: