Our Criminal Law Practice
A criminal charge in the Philippines is one of the most serious legal situations a person can face. The stakes — liberty, reputation, livelihood — are immediate and personal. The quality of legal representation from the very first hearing determines the trajectory of the case.
Guzman Acain LLP has defended individuals against criminal charges across the full range of Philippine courts — from the Municipal Trial Court through the Regional Trial Court, Court of Appeals, and the Supreme Court. Both founding partners are active criminal defense litigators with a combined 57 years of trial experience. We also represent victims of crime as private prosecutors.
Criminal Defense
We represent accused individuals at every stage of criminal proceedings — from the initial inquest or preliminary investigation through arraignment, pre-trial, trial, judgment, and appeal.
Offenses we handle:
Crimes Against Persons
Homicide, murder, physical injuries, rape, acts of lasciviousness, violation of RA 7610 (Child Abuse Law), violation of RA 9262 (Violence Against Women and Children — VAWC), and other offenses against persons under the Revised Penal Code.
Property Crimes & Fraud
Estafa (Article 315, RPC), syndicated estafa (PD 1689), theft, robbery, qualified theft, BP 22 (Bouncing Checks Law), and fraud-related offenses.
Dangerous Drugs (RA 9165)
Illegal possession, sale, use, and manufacture of dangerous drugs and drug paraphernalia under the Comprehensive Dangerous Drugs Act. We challenge chain-of-custody defects, the integrity of buy-bust operations, and the sufficiency of entrapment evidence.
Cybercrime (RA 10175)
Cyberlibel, online fraud, hacking and unauthorized access, identity theft, illegal interception, and other offenses under the Cybercrime Prevention Act of 2012. (See also: Fraud & Cybercrime →)
Firearms and Explosives
Illegal possession of firearms (RA 10591) and illegal possession of explosive devices (RA 9516).
Anti-Graft and Public Accountability
Defense before the Office of the Ombudsman and the Sandiganbayan in cases arising under RA 3019 (Anti-Graft and Corrupt Practices Act), RA 6713 (Code of Conduct and Ethical Standards for Public Officials), and related public accountability statutes. Co-founding partner Val Guzman has represented both private individuals and public officials in anti-graft proceedings.
Other Special Laws
Immigration violations, labor law offenses, intellectual property crimes, and regulatory offenses under special laws.
Our Approach to Criminal Defense
Immediate intervention matters. The most critical period in any criminal case is often before charges are formally filed — at the inquest stage or during preliminary investigation. Early legal intervention can result in charges being downgraded, dismissed for lack of probable cause, or resolved before they reach the RTC. We advise clients to contact us as early as possible — ideally before or immediately after arrest.
We assess the prosecution’s case rigorously. Every criminal defense begins with a hard-eyed assessment of the prosecution’s evidence — the complaint-affidavit, the documentary exhibits, the witness list, and the procedural history. We identify weaknesses in the evidence, chain-of-custody defects, constitutional violations, and jurisdictional issues before the first hearing.
We use every procedural tool available. Philippine criminal procedure provides numerous mechanisms for challenging a case before trial — Motions to Quash, Motions to Dismiss for violation of the right to speedy trial, Demurrers to Evidence, and petitions for certiorari before the Court of Appeals and the Supreme Court. We use these tools actively and strategically, not defensively.
We prepare witnesses thoroughly. The quality of testimony — both on direct examination and under cross-examination — is often the determining factor in a criminal case. We prepare every witness extensively before they take the stand.
Bail Applications
For clients who have been arrested or are facing imminent arrest, securing bail is the immediate priority. We handle:
- Bail applications before the MTC, RTC, and Court of Appeals
- Petitions for reduction of bail
- Applications for recognizance where the client qualifies
- Surety bond coordination with Supreme Court-accredited bonding companies
- Urgent bail applications outside regular court hours where the situation requires it
The right to bail — except for offenses punishable by reclusion perpetua where evidence of guilt is strong — is constitutionally guaranteed. We move on bail immediately.
Our Track Record
Dismissals
- Rape, RA 7610, and Acts of Lasciviousness — RTC Branch 73, Olongapo City — Dismissal on constitutional speedy trial grounds after 32 postponements with no prosecution evidence presented; represented by co-founding partner Alexander Llanes Acain Jr.
- Bigamy — RTC Muntinlupa City — Motion to Quash granted on jurisdictional grounds; second marriage occurred entirely outside the Philippines
Acquittals
- Dangerous Drugs — Possession (RA 9165, Sec. 11) — RTC Branch 273, Marikina City — Acquittal; prosecution failed to establish guilt beyond reasonable doubt
- Dangerous Drugs — Drug Den, Possession, Paraphernalia (RA 9165, Secs. 6, 11, 14) — RTC Branch 59, Makati City — Full acquittal on all three charges
- Violation of RA 9262 (Psychological Abuse) — RTC Branch 43, Manila — Acquittal; private complainant represented by former Caloocan City chief prosecutor
Other Results
- Illegal Possession of Firearms and Explosives (RA 10591, RA 9516) — Charges dismissed (details withheld — client confidentiality)
- Sextortion and Blackmail (RA 10175) — More than six clients successfully defended; perpetrators located and restrained
→ View full Case Victories
Private Prosecution
We represent victims of crime as private prosecutors — working alongside the Office of the Public Prosecutor to ensure a complete, well-prepared case is presented against the accused.
Private prosecution is available in criminal cases involving private offenses and in cases where the private complainant has a civil interest in the outcome. As private prosecutors, we:
- Assist in the preparation and filing of the complaint-affidavit
- Participate actively in trial — presenting evidence, examining witnesses, and cross-examining defense witnesses
- Pursue the civil aspect of the criminal case for damages
- Coordinate with the public prosecutor on case strategy and evidence
Victims of estafa, physical injuries, VAWC, cybercrime, and other offenses frequently retain private prosecutors to ensure the case receives the attention it deserves alongside the public prosecutor’s heavy docket.
Stages of Criminal Proceedings in the Philippines — A Brief Overview
For clients unfamiliar with Philippine criminal procedure, here is what to expect:
1. Complaint and Inquest / Preliminary Investigation
A criminal case begins with a complaint filed before the Office of the City or Provincial Prosecutor. For warrantless arrests, an inquest proceeding is held immediately. At preliminary investigation, both parties submit affidavits and the prosecutor determines whether probable cause exists to file an Information in court. This is a critical stage — a well-prepared counter-affidavit can result in the complaint being dismissed before it reaches court.
2. Filing of Information and Arraignment
If probable cause is found, the prosecutor files an Information before the appropriate court. The accused is arraigned — formally informed of the charges and asked to enter a plea. Bail is applied for at or before arraignment.
3. Pre-Trial
Both parties attend pre-trial before the judge to stipulate on facts, mark evidence, and identify witnesses. This stage also explores the possibility of plea bargaining in appropriate cases.
4. Trial
The prosecution presents its evidence first, followed by the defense. Both sides examine and cross-examine witnesses. After all evidence is presented, the parties file memoranda and the court deliberates.
5. Judgment
The court renders a verdict of conviction or acquittal. In the Philippines, an acquittal is immediately final and cannot be appealed by the prosecution. A conviction may be appealed to the Court of Appeals and ultimately the Supreme Court.
6. Appeal
We handle criminal appeals before the Court of Appeals and the Supreme Court — including petitions for certiorari challenging trial court rulings on interlocutory matters.
FAQs
Do not make any statement to the police without a lawyer present. Invoke your right to remain silent and your right to counsel immediately and clearly. Contact us as soon as possible — ideally before or immediately after arrest. The statements made in the hours after arrest are frequently the most damaging evidence in a criminal case.
Under the Philippine Constitution, a person arrested without a warrant must be charged within 12 hours (for offenses punishable by light penalties), 18 hours (for offenses punishable by correctional penalties), or 36 hours (for offenses punishable by afflictive or capital penalties). Beyond these periods, detention without charges is illegal and the detainee is entitled to be released.
An inquest is a summary proceeding conducted when a person is arrested without a warrant — the inquest prosecutor determines whether the arrest was lawful and whether the detainee should be released or charged. A preliminary investigation is a more detailed proceeding where the respondent has the opportunity to file a counter-affidavit before the prosecutor decides whether to file charges in court.
Yes. A Motion to Quash the Information can be filed before arraignment on specific grounds enumerated under Rule 117 of the Rules of Court — including lack of jurisdiction, failure to charge an offense, extinction of the offense, and double jeopardy. A Demurrer to Evidence filed after the prosecution rests can result in dismissal if the prosecution’s evidence is insufficient to sustain a conviction.
A dismissal on the merits or an acquittal is immediately final — the prosecution cannot appeal. You are entitled to have your record cleared through appropriate proceedings. We advise on post-acquittal remedies including the expungement of arrest records and the return of seized property.
📞 Emergency line for urgent criminal matters: +63 998 845 0704
All consultations are confidential and protected by attorney-client privilege.
