How we can help
A criminal charge is unlike any other legal problem. Evidence goes stale, deadlines run whether or not you are ready, and what a person says in the first hours — often before anyone thinks to call a lawyer — can follow them all the way to trial.
Vivas & Nobles handles criminal matters from both directions: defending those accused of an offense, and guiding complainants who need a case built properly before it is filed. Every matter is handled with discretion.
Defense of the Accused
Representation from custodial investigation through trial. The earlier counsel is involved, the more options remain open — decisions made in the first hours are the hardest ones to undo later.
Estafa, BP 22 & Theft
Fraud, bouncing cheques, and theft — including the line between qualified theft and estafa, which determines both the charge that is filed and the penalty that follows.
Cybercrime & Online Offenses
Cyber libel, online scams, and offenses under the Anti-Photo and Video Voyeurism Act. Conduct online carries the same criminal exposure as conduct offline, and often more.
Libel, Slander & Threats
Oral defamation, libel, grave threats, grave coercion and unjust vexation — the charges most often filed between neighbours, colleagues, and former partners.
Bail, Arrest & Your Rights
Securing provisional liberty, and asserting the rights that attach the moment a person is arrested, invited for questioning, or asked to give a statement.
Filing a Criminal Complaint
For complainants: building a complaint that survives prosecutorial review, and filing it before the offense prescribes and the right to file is lost for good.
From complaint to arraignment
A criminal case ordinarily begins with a complaint-affidavit filed with the prosecutor, who conducts a preliminary investigation to decide whether there is probable cause. If you were arrested without a warrant, this becomes an inquest instead, which is faster and time-bound. Only when the prosecutor files the information in court does the case formally begin, followed by arraignment, pre-trial, and trial. Where you stand in this sequence decides what can still be done for you.
Bail and your rights on arrest
Bail is a matter of right in most cases and becomes discretionary only for offenses punishable by life imprisonment or reclusion perpetua where the evidence of guilt is strong. From the moment of arrest you have the right to remain silent and to counsel, and any waiver of those rights is valid only in writing and with a lawyer present. Read your rights when arrested and our guide to bail.
Has the crime prescribed?
Crimes expire. Our prescription calculator estimates the period for an offense, and prescription of crimes explains how the clock runs and when it is interrupted.
Frequently asked questions
What should I do if I am arrested?
Say little beyond identifying yourself, and ask for a lawyer immediately. You have the right to remain silent and to counsel, and statements taken without a lawyer are generally inadmissible. Do not sign any waiver without counsel present.
Is bail a matter of right?
Yes in most cases. Bail is a matter of right before conviction for offenses not punishable by reclusion perpetua or life imprisonment. For those graver offenses bail is discretionary and is denied when the evidence of guilt is strong, as determined in a bail hearing.
What is the difference between an inquest and a preliminary investigation?
A preliminary investigation is the prosecutor's determination of probable cause when no arrest has been made, and it lets the respondent submit a counter-affidavit. An inquest is the faster proceeding used when a person is arrested without a warrant, to decide quickly whether the detention is lawful.
Do crimes prescribe in the Philippines?
Yes. Criminal liability is extinguished by prescription, and the period depends on the penalty for the offense, ranging from two months for the lightest offenses to twenty years for the most serious. Special laws carry their own periods, and the clock can be interrupted by the filing of the complaint.
Do I need a lawyer at the preliminary investigation stage?
It is strongly advisable. The counter-affidavit filed at preliminary investigation frames your entire defense, and a weak or missing response can result in an information being filed that could have been avoided.