Cases we handle
- Estafa, qualified theft, and other crimes against property
- Falsification of public, official, and private documents
- Homicide, physical injuries, and crimes against persons
- Bouncing checks (B.P. 22)
- Offenses under special penal laws
- Filing complaints on behalf of victims and complainants
Received a subpoena from the prosecutor? Act quickly.
Most criminal cases begin with a complaint filed before the Office of the City or Provincial Prosecutor. If the offense requires a preliminary investigation, you will receive a subpoena with a copy of the complaint and its supporting affidavits.
The deadline to submit your counter-affidavit is short, commonly ten days from receipt of the subpoena. This is often the most important stage of the case, because a well-prepared counter-affidavit can lead to the dismissal of the complaint before it ever reaches court.
Do not ignore a subpoena. If you do not file a counter-affidavit, the prosecutor may resolve the complaint based on the complainant's evidence alone.
How a criminal case moves
- Complaint and preliminary investigation. The prosecutor evaluates the complaint, the counter-affidavit, and the evidence to decide whether to file a case in court.
- Filing of the information. If the prosecutor finds sufficient basis, a criminal information is filed with the proper court. The resolution may be questioned through a motion for reconsideration or a petition for review.
- Warrant and bail. The judge evaluates probable cause and may issue a warrant of arrest. Before conviction, bail is generally a matter of right except for offenses punishable by reclusion perpetua or life imprisonment, where bail depends on the strength of the evidence.
- Arraignment and pre-trial. The accused enters a plea, and the issues and evidence are defined.
- Trial, judgment, and appeal. The prosecution must prove guilt beyond reasonable doubt. An adverse judgment may be appealed.
If you are arrested without a warrant
You have the right to remain silent and the right to competent and independent counsel, preferably of your own choice, during custodial investigation. A person arrested without a warrant usually undergoes an inquest before a prosecutor. You may ask for a regular preliminary investigation instead, subject to the requirements of the rules. Contact counsel before giving any statement.
What to bring to your consultation
- The subpoena, complaint, and all attached affidavits and annexes
- Any warrant, order, or notice from the court
- Documents, messages, receipts, or photos that support your side
- Names and contact details of possible witnesses
- A valid government-issued ID
Frequently asked questions
I received a subpoena. What should I do first?
Note the date you received it, because the deadline for your counter-affidavit runs from that date. Gather the documents attached to the complaint and consult a lawyer as soon as possible.
Can I be arrested during the preliminary investigation?
A warrant of arrest is generally issued by a judge after a criminal information has been filed in court and the judge finds probable cause. Preliminary investigation before the prosecutor is a separate, earlier stage.
Is bail available?
Before conviction, bail is generally a matter of right, except for offenses punishable by reclusion perpetua or life imprisonment, where it depends on whether the evidence of guilt is strong. The amount depends on the offense and the court.
Can the case be settled?
Settling the civil aspect or an affidavit of desistance may affect how a case proceeds, but it does not automatically end a criminal case. Whether settlement helps depends on the offense and the stage of the case.
Should I give a statement to the police?
You have the right to remain silent and to have counsel during custodial investigation. It is generally wise to speak with a lawyer before giving any statement.