Tag: complaint-affidavit
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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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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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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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Stages of a Criminal Case in the Philippines
Facing a criminal complaint can be overwhelming — especially if you do not understand how the process works. A criminal case in the Philippines follows a structured sequence governed by procedural rules. Knowing the stages helps you understand your rights, obligations, and possible outcomes. Below is a simplified guide to the major stages of a…
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Civil Liability vs. Criminal Liability in the Philippines (Simple Explanation)
What Is Civil Liability? Civil liability arises when a person violates a private right or breaches an obligation. The purpose of civil law is not to punish but to compensate. In everyday terms, civil cases usually happen when someone fails to do what they promised or causes harm. Common examples include breaking a contract, not…
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How to Prepare a Counter-Affidavit in the Philippines (After Receiving a Subpoena)
If you’ve received a subpoena in the Philippines, you may be required to submit a counter-affidavit. But what does it actually mean, and why is it important? What is a Counter-Affidavit? A counter-affidavit is a sworn statement made in response to an allegation or complaint. It’s not just a casual letter or explanation; it’s a…
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What Happens After an Estafa Complaint Is Filed in the Philippines? (Step-by-Step Guide)
This guide outlines the estafa complaint process in the Philippines, detailing key steps from filing a complaint to potential court proceedings. Initial complaints lead to a preliminary investigation, where defendants can submit counter-affidavits. Outcomes may include case dismissal or formal charges, with arrest only occurring after judicial evaluation. Legal consultation is advised.
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How to Help Your Lawyer Win Your Legal Case in the Philippines
Introduction If you are currently dealing with a legal case in the Philippines, it also helps to understand where your case fits in the overall process. 👉 See our guide on Stages of Criminal Proceeding in the Philippines to understand how a case develops from complaint to trial. Why this Matters to You This is…