Atty. Gerard Valerio Atty. Gerard Valerio

When Is Bail a Right in the Philippines?

One of the most common questions asked by accused persons and their families is whether bail can be demanded as a matter of right, or whether it depends on the discretion of the court. Under Philippine law, the answer depends primarily on (1) the stage of the case and (2) the penalty attached to the offense charged. Understanding this distinction is crucial, because it determines whether the judge is legally required to grant bail or must first evaluate the strength of the prosecution’s evidence.

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Atty. Gerard Valerio Atty. Gerard Valerio

What Is Preliminary Investigation in the Philippines?

A preliminary investigation is a critical stage in Philippine criminal procedure. It is the process conducted by a prosecutor to determine whether a criminal case should be filed in court. Contrary to popular belief, it is not a trial and does not decide guilt or innocence. Instead, it acts as a legal filter to ensure that only cases supported by sufficient evidence proceed to trial.

Understanding what a preliminary investigation is essential for both complainants and respondents in criminal cases.

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Atty. Gerard Valerio Atty. Gerard Valerio

What is an Affidavit of Desistance?

Affidavit of Desistance—a term often encountered in Philippine legal proceedings—can play a significant role in both criminal and administrative cases. Whether you're a complainant reconsidering your stance or an accused seeking clarity, it's essential to understand what this document truly means and how the courts interpret it.

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Atty. Gerard Valerio Atty. Gerard Valerio

RA 9262: How to Enforce Protection Orders

Under Republic Act No. 9262, or the Anti-Violence Against Women and Their Children Act of 2004, victims of abuse are granted legal protection through various types of protection orders. These orders are essential in preventing further acts of violence and ensuring the safety of women and their children. This article outlines the types of protection orders available under RA 9262, the penalties for violating them, and how they are enforced through indirect contempt proceedings, without prejudice to the filing of other criminal or civil cases.

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