The traditional province of the lawyer, and only members of the Philippine Bar (with a few exceptions) are authorized to appear before Courts of Law in the Philippines.
The major kinds of litigation in the Philippines are as follows:
In litigation, our Firm will assist you through the following stages:
1. Pre-litigation
If you are only just starting to decide whether or not you will pursue a claim in Court, our Firm will help you determine whether or not your controversy involves any litigable issues or if your claims could prosper. Our Firm will then assist you in determining what are the relevant evidence and testimony in order to pursue or defend your claim and our Firm will assist you in preserving said evidence and testimony
In case you are the defendant or accused in the action, our Firm will help you go over the complaint or petition and assess whether or not the complainant has a “good case” or claim against you. Our Firm will assess his evidence as well as any evidence you may have on hand to counter his claims.
Regardless of whether you are the complainant or defendant in the litigation, our Firm will counsel you as to whether or not litigation is the proper course or action and in negotiating a compromise with the other parties.
2. Litigation
When we have finally determined that filing a court case is necessary and if you are willing to proceed with the filing of the court case, our Firm will prepare the complaint for filing and collate all of the evidence and testimony which we have gathered so far.
Our Firm will be present at court in order to introduce your evidence and testimony as well as to oppose any evidence and to cross-examine any witness which the opposing party may present in order to oppose your claim. Our Firm will also assist you by informing you and your witnesses of possible questions that may be asked of them in cross examination.
Our Firm will keep you up to date of the proceedings and advise you if there is any need to amend the complaint or responsive pleadings and if there is a need to introduce new evidence to counter any evidence the opposing party may introduce.
3. Post-litigation
The outcome of litigation may be a victory or a loss. Depending on the kind of case which was being litigated, there may be no need for any further actions once a decision has been rendered in your favor. Oftentimes, however, we will need to move for the court to execute its decision, which, if granted, will require you to coordinate with the Sheriff in order to ensure that you recover your money, property or the performance of your claim.
In case the litigation is not decided in your favor, our services will include advice as to whether or not it is feasible to appeal your case or to raise it to a higher court. At the same time, our Firm can take steps to prevent undue/premature/illegal executions of the decision.
The major kinds of litigation in the Philippines are as follows:
- Civil Litigation – This involves disputes between private persons of a general nature. Some courts specialize in commercial or family disputes.
- Special Proceedings – This is a special area of litigation designed as a remedy by which a party seeks to establish a status, a right, or a particular fact. Common actions which make use of this kind of litigation include probate and inheritance proceedings, adoption, trusts, guardianship and changes of name. A litigant in Special Proceedings may not necessarily have an opponent but is nevertheless in court in order establish said status, a right, or a particular fact.
- Criminal Litigation – This is an action which the State prosecutes a person for an act or omission punishable by law. In this case, it will be the DOJ through its prosecutors who will file the complaint against the accused. In criminal actions, the litigants will either be the complainant or the accused, and the firm’s services will be tailor-fit to the kind of litigant the client is.
- As accused, the firm’s representation will be to undertake the defense of the client before the prosecutor or the court.
- As complainant, the firm’s representation will be to bring the complaint and evidence before the prosecutor. It is the decision of the prosecutor to file and try a criminal case in court. Then, depending on the client’s requirements, our Firm could collaborate with the prosecutor and litigate the case as private prosecutor.
In litigation, our Firm will assist you through the following stages:
1. Pre-litigation
If you are only just starting to decide whether or not you will pursue a claim in Court, our Firm will help you determine whether or not your controversy involves any litigable issues or if your claims could prosper. Our Firm will then assist you in determining what are the relevant evidence and testimony in order to pursue or defend your claim and our Firm will assist you in preserving said evidence and testimony
In case you are the defendant or accused in the action, our Firm will help you go over the complaint or petition and assess whether or not the complainant has a “good case” or claim against you. Our Firm will assess his evidence as well as any evidence you may have on hand to counter his claims.
Regardless of whether you are the complainant or defendant in the litigation, our Firm will counsel you as to whether or not litigation is the proper course or action and in negotiating a compromise with the other parties.
2. Litigation
When we have finally determined that filing a court case is necessary and if you are willing to proceed with the filing of the court case, our Firm will prepare the complaint for filing and collate all of the evidence and testimony which we have gathered so far.
Our Firm will be present at court in order to introduce your evidence and testimony as well as to oppose any evidence and to cross-examine any witness which the opposing party may present in order to oppose your claim. Our Firm will also assist you by informing you and your witnesses of possible questions that may be asked of them in cross examination.
Our Firm will keep you up to date of the proceedings and advise you if there is any need to amend the complaint or responsive pleadings and if there is a need to introduce new evidence to counter any evidence the opposing party may introduce.
3. Post-litigation
The outcome of litigation may be a victory or a loss. Depending on the kind of case which was being litigated, there may be no need for any further actions once a decision has been rendered in your favor. Oftentimes, however, we will need to move for the court to execute its decision, which, if granted, will require you to coordinate with the Sheriff in order to ensure that you recover your money, property or the performance of your claim.
In case the litigation is not decided in your favor, our services will include advice as to whether or not it is feasible to appeal your case or to raise it to a higher court. At the same time, our Firm can take steps to prevent undue/premature/illegal executions of the decision.