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Browse our 5 legal questions about Criminal Litigation in Philippines and the lawyer answers, or ask your own questions for free.
Criminal Litigation in Cebu City, Philippines is based on the national laws of the Philippines, regulated by the Revised Penal Code and special laws. In Cebu City, as in the rest of the country, all criminal offenses are prosecuted in the name of the People of the Philippines. Thus, it is the State, through its prosecutors, that pursues the case in court. Crimes are categorized into felonies, which include grave, less grave, and light depending on the gravity of their penalties.
Legal representation is important in any criminal case. If accused, a knowledgeable lawyer can navigate the local legal system, represent you in court, protect your rights, and advocate for a fair and lawful treatment. Additionally, they can help turn complex legal jargon into understandable terms, help gather and present necessary evidence, and aid in plea negotiations or sentence reductions. If you are a complainant, the prosecution of crimes requires a clear understanding of the elements of the crime and the presentation of evidence in court, both of which are best handled by a competent lawyer.
The Revised Penal Code provides the general laws for various crimes including crimes against persons, property, public interest, public order, and chastity. Special laws dictate the rules for specific crimes like Anti-Violence against Women and their Children Act, Anti-Trafficking in Persons Act, and the Comprehensive Dangerous Drugs Act among others. The prosecution follows the Rules of Court, which provide the procedural rules in pursuing a criminal case. These rules cover everything from preliminary investigation, warrant of arrest, arraignment and plea, pre-trial, trial, judgement, and appeal.
The first step is usually the filing of a complaint, after which a preliminary investigation takes place. A prosecutor will determine probable cause for the issuance of a warrant of arrest.
Bail is the security given for the release of a person in custody. It ensures that the accused promptly attends all court proceedings. Bail may be given in most cases, but there are certain instances where it is not allowed, like if the accused is charged with a capital offense.
The possible defenses vary for different charges, and may include alibi, denial, self-defense, insanity, or intoxication. Consultation with a lawyer is necessary to fully understand potential defenses.
If you cannot afford one, a Public Attorney's Office (PAO) lawyer may be given to you by the State.
Some basic rights of the accused include the right to remain silent, right to have a competent and independent counsel, right to be informed of the nature and cause of the accusation, and right to bail and presumption of innocence.
You may seek help from the Integrated Bar of the Philippines–Cebu City Chapter, which can provide legal assistance or lawyer recommendation. The Supreme Court website and LawPhil Project also contain national laws and rules of procedure.
If you need legal assistance, it's important to find a suitable lawyer immediately. Carry all necessary documents during your meetings. Keep in mind that transparency and honesty are crucial for your lawyer to represent you effectively. If you cannot afford a lawyer, reach out to the Public Attorney's Office (PAO) for assistance.
