Elmer Lucero Law Office

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Elmer Lucero Law Office

At Lucero Law Office, we prioritize clear communication, accessibility and a client centered approach

28/07/2026

Selling a subdivision lot without a valid Certificate of Registration and License to Sell (LTS) is a direct violation of Section 5 of Presidential Decree No. 957 (The Subdivision and Condominium Buyers' Protective Decree).

20/06/2026

Fact: A client was taken into police custody by virtue of a warrantless arrest on 11 Jun 2026. After which, the necessary criminal complaint was filed by the police with the Office of the Prosecutor, and an inquest proceeding was subsequently conducted. However, no Information (Formal charge) has been filed against the said client within the period of 36 hours. As a matter of fact, the he remained in police custody until 18 Jun 2026.

Case law: This situation has already been addressed by the Supreme Court in the case of Sayo vs. Chief of Police of Manila (G.R. No. L-2128), wherein the Court has said that a peace officer cannot deliver directly the person arrested to the court, he can only do so through the fiscal, and if the fiscal does not file the required Information in court, the peace officer has to release the prisoner in order to avoid criminal liability for violation of Art. 125 of the Revised Penal Code.

The fiscal will not be responsible for violation of Art. 125, because he is not the one who arrested and illegally detained the person, unless the fiscal has ordered or induced the arresting officer to hold and not release the prisoner after the expiration of said period.

The PNP should consider this Supreme Court decision in their operational standard.

16/06/2026

Word of the day: "Obiter dictum"

13/02/2026

If the death of a victim is clearly accidental, meaning, the person to be arrested is not committing a crime in the presence of the arresting officer or had not just committed a crime, ang warrantless arrest ay walang basehan.

And a warrantless arrest of a person without probable cause is considered arbitrary detention under Article 125 of the Revised Penal Code, as amended.

22/01/2026

Para sa mga non-marital or illegitimate children, ang birth certificate na walang pirma ng tatay is insufficient to prove paternity.

08/01/2026

Congratulations to the 5,594 examinees who passed the 2025 Bar Examination pero hindi pa pwede gamitin yung ATTY. kasi need pa mag- sign ng Roll of Attorneys. Hehehe

Address

Silver Square Bldg. , Marcos Highway, Cor. Esguerra, Mambugan
Antipolo

Website

http://www.elmerlucerolaw.com/

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