NBI COMPLAINT PROCEDURE

Kindly be patient enough to enlighten me on the following questions:
Context: NBI Complaint Procedure

When is a complaint considered filed? Is it on the day that the complaint was made? If it is filed on the day the complaint was made, is it necessary that a report of the complaint and/or a complaint affidavit IMMEDIATELY be prepared, signed and executed? What happens when a complaint was made on a particular day, say January 1, 2010, but the actual complaint affidavit is only prepared, signed and executed on a different date, say February 1, 2010, and subsequently furnished to the recipient of the complaint? Can this be considered as being part of the normal complaint procedure or can it be considered as HIGHLY IRREGULAR and a violation of normal procedures? If a considerable lapse of time is allowed between the moment a complaint is made and that of the day a complaint is actually prepared, signed and executed, it is normal and acceptable? What are the legal and procedural grounds in saying so? If it is highly irregular, will this OVERTURN the presumption of regularity in government acts and procedures? How?

Thank you.

Mel

A criminal Complaint or Information is deemed officially filed on the date it was filed in court, not at the Fiscal's office nor at the time it was prepared/executed. Upon filing at the Public Prosecutor's office, the latter will have to examine it if there is "probable cause" i.e. determine if there is prima facie basis for the complaint. If the Public Prosecutor is satisfied, then the same is filed in court.

Thank you for the reply. Some further clarification if I may...

I use the word "complaint" to refer to the fact that someone reported a grievance to the NBI at a particular day. The question now is: Is it normal for a written complaint to be prepared only AFTER 30 days or so? This appears to be HIGHLY IRREGULAR.

I made queries to a police investigator how complaints are made and he responded that a writeup or a report is IMMEDIATELY made on the day that someone comes forward to state a grievance (blotter). Is this not the NORMAL procedure to follow in the case of the NBI, too?

Mel

do not be so focused on the timing unless the period to report the crime has prescribed, the lowest of which is 2 months.

30 days after an incident is still within the time limits. the police may not be as urgent on the matter, but it can still lead to criminal proceedings.