Practice Areas

Criminal Law & Defense

A criminal case puts your liberty, your record and your reputation at stake at the same time — and the process is unforgiving of delay. We act on both sides of it: defending those accused of a crime, and helping complainants file one properly.

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.

Commentaries

Philippine criminal law, explained

Criminal Law

Estafa in the Philippines: Elements, Penalty, and How to File a Case

What estafa is under Article 315 of the Revised Penal Code, the elements that must be proven, why an unpaid debt alone is not estafa, the penalties under…

May 2, 2026
Criminal Law

BP 22 — The Bouncing Checks Law: What Every Filipino Must Know Before Issuing a Check

A bounced check is not just an embarrassment — it is a criminal offense under Batas Pambansa Blg. 22. This commentary explains the elements of BP 22, how…

February 4, 2026
Criminal Law

Qualified Theft vs. Estafa in the Philippines: What Is the Difference?

Theft and estafa are often confused, but the difference is decisive. This commentary explains how consent and possession distinguish theft from estafa,…

July 8, 2026
Criminal Law

Cyber Libel in the Philippines: What It Is, How It Differs from Ordinary Libel, and What to Do If You Are Charged

With social media now central to Filipino life, cyber libel complaints have surged. A single Facebook post or tweet can expose a person to twelve years of…

May 4, 2026
Criminal Law

How to Report an Online Scam in the Philippines: Filing a Cybercrime Complaint

Online selling scams, investment fraud, and account takeovers are prosecutable. This step-by-step guide explains how to preserve evidence, where to…

June 28, 2026
Criminal Law

The Anti-Photo and Video Voyeurism Act (RA 9995): Sharing Is Also a Crime

Consenting to a recording is not consenting to its spread. This commentary explains RA 9995, why the law expressly punishes copying and sharing even where…

July 9, 2026
Criminal Law

Oral Defamation and Slander in the Philippines: What It Is, When It Is Criminal, and How to File a Complaint

A single offensive remark uttered in front of witnesses can give rise to a criminal complaint for oral defamation under Philippine law. But not every…

May 3, 2026
Criminal Law

Unjust Vexation in the Philippines: Meaning, Penalty, and Examples (Art. 287)

What unjust vexation actually means under Article 287 of the Revised Penal Code, the penalty (arresto menor or a fine of up to 40,000 pesos), common…

April 30, 2026
Criminal Law

Grave Threats in the Philippines: Meaning, Penalty, and How to File (Art. 282)

What counts as grave threats under Article 282 of the Revised Penal Code, the penalty, how it differs from light threats, whether a threat by text or…

April 18, 2026
Criminal Law

Grave Coercion in the Philippines: When Forcing Someone to Act Is a Crime (Article 286)

Using force or intimidation to make someone do something, or to stop them, can be grave coercion in the Philippines, even if you had a right. This…

July 8, 2026
Criminal Law

Homicide vs. Murder in the Philippines: What Turns a Killing Into Murder

The difference between homicide and murder is not how brutal the killing was. This commentary explains Articles 248 and 249 of the Revised Penal Code, the…

July 8, 2026
Criminal Law

Self-Defense in the Philippines: Why Unlawful Aggression Decides Every Case

Claiming self-defense means admitting you did it. This commentary explains the three elements under Article 11 of the Revised Penal Code, why unlawful…

July 7, 2026
Criminal Law

Reckless Imprudence in the Philippines: Criminal Liability for Accidents Under Article 365

A car crash or other accident can be a crime in the Philippines. This commentary explains reckless imprudence under Article 365 of the Revised Penal Code,…

July 9, 2026
Criminal Law

Your Rights When Arrested in the Philippines: What RA 7438 and the Constitution Guarantee

If you are arrested in the Philippines, you have the right to remain silent, to a lawyer, and to be informed of both. This commentary explains your…

July 12, 2026
Criminal Law

Bail in the Philippines: Your Right to Provisional Liberty and How It Works

Bail lets an accused stay free while a criminal case is pending. This commentary explains the right to bail under the Constitution and Rule 114, when bail…

July 10, 2026
Criminal Law

Probation in the Philippines: Who Qualifies and Why Appealing Can Cost You It

Probation lets a convicted person serve the sentence in the community instead of in prison. This commentary explains who qualifies under PD 968, who is…

June 27, 2026
Criminal Law

Prescription of Crimes in the Philippines: How Long Before It Is Too Late to File

Criminal cases in the Philippines must be filed within a deadline, or the right to prosecute is lost. This commentary explains prescription of crimes…

July 11, 2026
Criminal Law

How to File a Criminal Complaint in the Philippines

If you have been a victim of a crime, you have the right to seek justice through the Philippine criminal justice system. This guide walks you through the…

March 5, 2026
Family & Annulment

Adultery and Concubinage in the Philippines: When Marital Infidelity Is a Crime

In the Philippines, marital infidelity can be a crime, but the law treats husbands and wives differently. This commentary explains adultery under Article…

July 14, 2026
Labor & Employment

OFW Rights in the Philippines: Illegal Recruitment, Money Claims, and the DMW

Overseas Filipino workers have strong rights on paper. This commentary explains illegal recruitment and when it becomes economic sabotage, the solidary…

July 5, 2026

Browse all 20 criminal commentaries and the rest of the library →

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