G.R. No. 1670. March 29, 1904

Section 3 of General Orders, No. 58, provides that all public
offenses * * * must be prosecuted by complaint or information. Section
4 defines the complaint to be a sworn written statement, made to a
court or magistrate, that a person has been guilty of a designated
offense. It differs from the information in that the latter must be
filed and signed by the prosecuting officer or his deputy, as provided
in section 5. Section 13 provides that when a complaint or information
is laid before a magistrate he must examine on oath the informant or
prosecutor, and the witnesses produced, and take their depositions in
writing, causing them to be subscribed by the parties making them.

Upon receiving the writing filed by Ramona Trinidad under oath,
charging Eduardo Jarabe with the crime of having abducted, with lewd
designs, the complainant’s daughter, by name Consuelo Navarro, it was
the duty of the court to proceed to investigate the facts denounced,
either citing the prosecuting attorney to intervene and direct the
prosecution, or else transmitting to him the papers in the case so that
he might hold such preliminary investigation as he might see fit. The
court was without authority to dismiss the complaint, because not
presented through the mediation of the prosecuting attorney. Such a
proceeding would make it impossible to prosecute crimes upon
complaints, which would be contrary to the express provisions of
section 3 of General Orders, No. 58, above cited. The order dismissing
the complaint is reversed, and the judge is directed to proceed to hold
an investigation as to the offense charged, upon notice to the
prosecuting attorney, in the manner prescribed by law. So ordered.

Arellano, C. J., Torres, Cooper, Willard, McDonough, and Johnson, JJ., concur.