0962 234-1368 0936 942-9617 0917 104-1408 qsplawoffice@gmail.com
BGC, Taguig City
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Criminal Defense Lawyers in the Philippines

Estafa, B.P. 22, and criminal case defense — experienced CPA-Lawyers who understand the financial dimension of every criminal charge.

Criminal Law Philippines

Criminal Defense Requires More Than Legal Knowledge

Many of the most common criminal cases in the Philippines — estafa, B.P. 22, qualified theft, tax evasion — are financial crimes at their core. Defending them requires dissecting financial transactions, understanding bookkeeping entries, and tracing money flows. A lawyer without accounting training is working at a disadvantage.

QSP's CPA-Lawyer partners bring full financial analysis to every criminal defense engagement. We challenge the prosecution's accounting evidence, expose the weaknesses in their financial narrative, and build a defense grounded in both law and numbers.

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For Respondents / Accused

Facing a criminal complaint? We fight for your rights at every stage — from the prosecutor's office to the court — with an aggressive, evidence-based defense.

  • Estafa Defense (Art. 315, Revised Penal Code)
  • B.P. 22 (Bouncing Checks) Defense
  • Qualified Theft & Robbery Defense
  • Cybercrime Act Violations
  • Counter-Affidavit Preparation
  • Motion to Dismiss / Demurrer to Evidence
  • Bail Applications & Hearings
  • Trial Defense & Post-Conviction Appeals

For Complainants / Victims

Been defrauded, stolen from, or victimized? We help you build a strong case from day one to maximize the chances of conviction and recovery.

  • Estafa Case Filing & Affidavit Preparation
  • B.P. 22 Complaints
  • Preliminary Investigation Representation
  • Victim's Civil Liability Claims
  • Motion for Attachment / Asset Preservation
  • Financial Evidence Compilation
  • Tracing Defrauded Funds
  • Coordination with NBI / PNP
Common Cases We Handle

Understanding the Most Common Criminal Charges

Estafa (Art. 315, RPC)

Swindling through false pretenses, fraudulent acts, or abuse of confidence. Penalty escalates with the amount defrauded — from arresto mayor up to reclusion temporal under RA 10951 (2017 penalty adjustments).

B.P. 22 — Bouncing Checks

Issuing a check knowing there are insufficient funds. Carries up to 1 year imprisonment or a fine up to double the check amount. No fraudulent intent required — the act itself is penalized.

Qualified Theft

Theft with aggravating circumstances: committed by a domestic servant, with grave abuse of confidence, or by an employee of a commercial establishment. Penalty is 2 degrees higher than ordinary theft.

Cybercrime Violations

Violations of RA 10175 (Cybercrime Prevention Act) — including online libel, computer-related fraud, identity theft, and illegal access to computer systems. Penalties are one degree higher than their offline equivalents.

Common Questions

Criminal Law FAQ

Estafa (Article 315, Revised Penal Code) is swindling committed through deceit — including false pretenses, fraudulent misrepresentation, or abuse of confidence. Common forms: convincing someone to part with money or property through false representations, misappropriating funds entrusted to you (e.g., by an agent, employee, or trustee), or issuing a check that is dishonored. Under RA 10951 (2017), penalties range from arresto mayor (1-6 months) for amounts under ₱5,000 up to reclusion temporal (12-20 years) for amounts exceeding ₱8.8 million.

B.P. 22 penalizes the act of making or issuing a check knowing that at the time of issuance, you do not have sufficient funds — and the check is subsequently dishonored for that reason. Critically, B.P. 22 does not require fraudulent intent — the mere act of issuing a bouncing check is penalized. Estafa requires proof of deceit or fraud. The same dishonored check can give rise to both charges simultaneously, though the complainant cannot recover double from both criminal cases.

A preliminary investigation is conducted by the provincial or city prosecutor (DOJ) to determine whether probable cause exists to charge the respondent in court. The complainant files a complaint-affidavit with supporting evidence. The respondent is given the opportunity to file a counter-affidavit. If the prosecutor finds probable cause, an Information is filed in the appropriate court and the judge may issue a warrant of arrest. This stage is critical: a well-crafted counter-affidavit can get the case dismissed before it ever reaches court.

Under the Philippine Constitution, you have: (1) the right to be presumed innocent until proven guilty beyond reasonable doubt; (2) the right to competent and independent counsel (a lawyer) at all stages of the proceedings; (3) the right to bail, except for offenses punishable by reclusion perpetua when evidence of guilt is strong; (4) the right to remain silent; (5) the right to be informed of the nature and cause of the accusation; (6) the right to meet witnesses face-to-face; and (7) the right to a speedy, impartial, and public trial.

Generally, no. Warrantless arrests are only valid in three situations: (1) in flagrante delicto — you are caught in the act of committing, attempting, or having just committed a crime; (2) hot pursuit — an offense has just been committed and there is probable cause to believe you committed it; (3) you are an escaped prisoner or detainee. For complaints filed with the prosecutor (which is how most estafa and B.P. 22 cases begin), a warrant of arrest is issued by the court only after a finding of probable cause — you are not arrested until a warrant is issued.

Under RA 10951 (2017), which adjusted amounts for the first time since 1930: amounts not exceeding ₱5,000 — arresto mayor (1-6 months); ₱5,001 to ₱40,000 — prision correccional minimum (6 months and 1 day to 2 years and 4 months); ₱40,001 to ₱1.2 million — prision correccional medium to maximum; ₱1.2M to ₱2.4M — prision mayor minimum; up to ₱4.4M — prision mayor medium; ₱4.4M to ₱8.8M — prision mayor maximum; above ₱8.8M — reclusion temporal (12 to 20 years). Courts also impose civil liability for the full amount defrauded.

Received a subpoena or complaint from the prosecutor?

Act immediately. The counter-affidavit stage is your best chance to stop the case before it reaches court. Our CPA-Lawyers handle estafa, B.P. 22, and all major criminal cases.

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