Tag: estafa
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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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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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Understanding Estafa: Key Elements and Legal Implications
Estafa, commonly known as fraud, involves deceiving someone to part with their money or property. The key elements of estafa are: 1) a false pretense, fraudulent act, or fraudulent means; 2) the false pretense or fraudulent act must occur before or at the same time as the fraud; 3) the offended party must rely on…
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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…