MAKE IT LEGAL
Our latest take on the law and how it affects you.
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Can I Get Arrested During the Preliminary Investigation?
Can I get arrested during preliminary investigation is a question people ask after they receive a complaint, a subpoena, or hear that a case has been filed against them. The preliminary investigation is not a trial. It is a review of documents. The prosecutor looks at the complaint and decides if there is enough basis…
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What If I Don’t File a Counter-Affidavit in the Philippines?
“What if I don’t file a counter-affidavit” is what people ask after they receive a complaint and a subpoena. There is a deadline, usually around ten days. During that time, a written reply is expected. That reply is the counter-affidavit. If nothing is filed, the prosecutor still continues. He reads the complaint. He evaluates the…
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What If I Don’t File a Counter-Affidavit? Legal Consequences and What You Should Know
Is Filing a Counter-Affidavit Really Required? Even if the law does not always strictly say that you “must” file a counter-affidavit, in practice it is procedurally essential. This means that while you are not physically forced to submit one, the entire preliminary investigation process is designed so that your side is only properly considered if…
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Can I File Counter-Affidavit in the Philippines If I’m Living Abroad?
If you’re the subject of a subpoena for a criminal complaint in the Philippines but are currently living abroad, one pressing question often comes up: Can you still file your counter-affidavit? The short answer is yes—but there are important steps and technical requirements you need to follow. This article explains how overseas respondents can properly…
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What Happens During a Hearing for the Bail in the Philippines?
Understanding how bail works is crucial if you or someone you know is facing criminal charges. In the Philippines, the process differs depending on whether bail is granted as a matter of right or as a matter of discretion. This distinction determines whether a bail hearing is required and what the court will evaluate. Bail…
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Understanding Criminal Intent in Law
When people think of crime, they usually focus on what was done — the act itself. But in law, it’s not just about the act. What matters just as much, if not more, is the mind behind the act. In legal terms, this is called criminal intent, or mens rea. Criminal intent is essentially the…
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Does Civil Liability Continue After Acquittal in a Criminal Case in the Philippines? What You Need to Know
In a criminal case in the Philippines, an acquittal does not always mean that all legal responsibility ends. One of the most common misconceptions is that a “not guilty” decision automatically removes all liability. However, Philippine law treats criminal liability and civil liability as separate matters. This means that even after an acquittal in a…
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Is Flooding Considered Taking in the Philippines?
Flooding is often dismissed as an inconvenience—something temporary, something to be tolerated. But when it starts to happen repeatedly, or when it becomes a direct result of a government project, the question becomes more serious: has your property effectively been taken without compensation? As a general rule, the government may use private property for public…
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What to Do If the Government Uses Your Land Without Paying (Inverse Condemnation in the Philippines)
You discover that a portion of your land is already being used. A road has been built. Drainage passes through it. Or worse, your property is now regularly flooded because of a government project. And yet—no one asked. No one paid. The first reaction is usually confusion. The second is hesitation: Is this even legal?…
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Am I entitled to payment if the government uses my property in the Philippines? How Just Compensation Is Determined in the Philippines
When the government takes private property for public use, the Constitution requires the government to pay the owner. This payment is called just compensation. In practice, this is determined in two key steps. 1. Appointment of Commissioners The court appoints a set of commissioners. Their task is straightforward: Important: The commissioners’ determination is not final.…
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