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List of the best lawyers in Davao City, Philippines

GARADO LAW OFFICE TORIL - Teresita's Promenade

Davao City, Philippines

English

GARADO LAW OFFICE TORIL, located at Door 8, Teresita’s Promenade on De Guzman Street in Toril Poblacion, Davao City, offers a comprehensive range of legal services. The firm is led by Atty. Joanna Paola "Nini" Garado, who provides expertise in various areas of law, including legal consultations,...

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Philippines Annulment Legal Questions answered by Lawyers

Browse our 51 legal questions about Annulment in Philippines and the lawyer answers, or ask your own questions for free.

Can annulment or legal separation be filed even without evidence?: Good day from Recososa Law Firm!We received your inquiry from Lawzana regarding the possibility of filing for annulment or legal separation despite the absence of direct evidence such as screenshots of an extramarital affair. We are here to provide a clear legal response based on Philippine laws and jurisprudence.a.) Under Article 55 of the Family Code of the Philippines, legal separation may be granted on grounds such as repeated physical violence or grossly abusive conduct, drug addiction, and infidelity. Specifically, sexual infidelity or a proven extramarital affair constitutes a valid ground.b.) While direct evidence (e.g., screenshots, messages, photos) is helpful, Philippine courts allow circumstantial evidence and testimonial affidavits to establish proof of these grounds. For example, your personal testimony, corroborating witnesses (e.g., family, friends, or co-workers who knew of or witnessed the circumstances), and behavioral patterns may serve as competent evidence to support your claim.c.) As for annulment, if the basis is psychological incapacity under Article 36 of the Family Code, proof is required that one or both parties are incapable of fulfilling essential marital obligations. While infidelity alone does not equate to psychological incapacity, it may be cited as a manifestation of such incapacity if linked to an established personality disorder or persistent irresponsibility. This requires the assistance of a qualified psychologist or psychiatrist, but it can still proceed even if past consultation was limited—as long as the condition can be sufficiently described and proven during the proceedings.d.) In terms of cost, a Petition for Annulment or Legal Separation involves filing fees, professional fees, psychological evaluation (if applicable), and publication expenses. The exact amount depends on complexity, but we can structure the fees in a client-friendly and affordable manner. You may also negotiate for the erring spouse to shoulder the litigation cost as part of your prayer for damages, although such claims are subject to the discretion of the court.We strongly recommend that you hire us so we can evaluate the best course of action based on your full narrative. We can assist in building a compelling case supported by affidavit testimonies, documentation, and a psychiatric assessment when necessary.We can schedule an initial consultation via Zoom or in person. Client may schedule a convenient date and time of the meeting through the below Calendly link:https://calendly.com/recososalawfirmThere is a ₱2,000 consultation fee, which we will refund when you hire us after the consultation. Alternatively, client may also call or text +639175046510 or email [email protected] look forward to assisting you in protecting your rights and moving forward with confidence.
About Concubinage: Good day from Recososa Law Firm!In reference to your concern regarding a potential concubinage case to be filed by your former spouse, allow us to provide you with substantial guidance grounded in Philippine law.Under Article 334 of the Revised Penal Code of the Philippines, concubinage is committed by a husband who keeps a mistress in the conjugal dwelling, or has sexual intercourse under scandalous circumstances with a woman who is not his wife, or cohabits with such woman in any other place. The penalty imposed on the husband is prision correccional in its minimum and medium periods, while the concubine or mistress may only suffer destierro.a.) Based on the facts you have provided, there appears to be no evidence that you and your former spouse cohabited as husband and wife in the same household after marriage. This undermines one of the key elements of concubinage which involves cohabitation or the keeping of a mistress in the conjugal dwelling.b.) The mere existence of a child from another relationship, while it may serve as circumstantial evidence of a new relationship, does not automatically prove the existence of concubinage unless it can be shown that the relationship occurred under scandalous circumstances or that there was cohabitation.c.) Furthermore, your continued support for your children from the first marriage may reflect your good faith and sense of responsibility, which could support your defense should a complaint be filed.d.) Please note that concubinage is a private crime under Philippine law, which means it cannot proceed without a formal complaint filed by the legal wife, and it cannot be initiated merely based on assumptions or social media content. Moreover, you mentioned that you and your spouse separated informally in 2016 to 2018. This may be considered in weighing your lack of criminal intent, particularly in light of the consistent marital separation and lack of shared residency.As for your concern about affordability, we understand your situation and offer a reasonable consultation fee. We highly recommend that you hire a lawyer to protect your rights, prevent potential harassment, and prepare a legal defense, if necessary. We can also assist in possible legal remedies, including drafting a counter-affidavit or filing for annulment or legal separation if warranted by the facts.We can schedule an initial consultation via zoom call. Client may schedule a convenient date and time of the meeting through the below calendly link:👉 https://calendly.com/recososalawfirmThere is a 2,000 Philippine Peso consultation fee but we will refund consultation fee when client hires us after the consultation. Alternatively, client can also call or text on the below contact number +639175046510 or email [email protected] are here to assist you.
Certificate of Finality: Hi. May we know where was the case for annulment filed? You yourself as a party to the case may secure for the certificate of finality. Or our law firm may represent you in securing the said court order, provided a legal engagement contract is executed between the firm and you as our client.You may send an email at our email address [email protected]

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About Annulment Law in Davao City, Philippines

Annulment in Davao City, Philippines, is a legal process that declares a marriage null and void, as if it never existed. It is different from divorce as it does not end a valid marriage but rather declares it invalid from the beginning.

Why You May Need a Lawyer

You may need a lawyer for Annulment in Davao City if you are facing challenges in proving the grounds for annulment, navigating complex legal procedures, or negotiating with the other party. A lawyer can provide valuable legal advice, represent you in court, and ensure your rights are protected throughout the process.

Local Laws Overview

In Davao City, Philippines, the Family Code governs annulment proceedings. Some of the common grounds for annulment include lack of parental consent, psychological incapacity, fraud, and consent obtained by force or intimidation. It is important to consult with a legal expert to understand the specific requirements and procedures for annulment in Davao City.

Frequently Asked Questions

1. What are the grounds for annulment in Davao City, Philippines?

The common grounds for annulment in Davao City include lack of parental consent, psychological incapacity, fraud, and consent obtained by force or intimidation.

2. How long does the annulment process take in Davao City?

The duration of the annulment process in Davao City can vary depending on the complexity of the case and the court's schedule. It typically takes several months to several years to complete.

3. Do both parties need to agree to an annulment in Davao City?

No, both parties do not need to agree to an annulment in Davao City. One party can file for annulment based on the grounds provided by the law.

4. What is the role of a lawyer in an annulment proceeding?

A lawyer can provide legal advice, represent you in court, help gather evidence to support your case, and ensure your rights are protected throughout the annulment process.

5. How much does it cost to file for an annulment in Davao City?

The cost of filing for an annulment in Davao City can vary depending on the complexity of the case, legal fees, court fees, and other related expenses. It is advisable to consult with a lawyer to get an estimate of the total costs involved.

6. Can I remarry after an annulment in Davao City?

Yes, after the court declares your marriage null and void, you are free to remarry in accordance with the law.

7. What is the difference between annulment and divorce in Davao City?

Annulment declares a marriage void from the beginning, as if it never existed, while divorce dissolves a valid marriage. The grounds and legal procedures for annulment and divorce are different in Davao City.

8. Can I represent myself in an annulment proceeding in Davao City?

While you have the right to represent yourself in court, it is advisable to seek legal assistance from a qualified lawyer who has experience in handling annulment cases. A lawyer can guide you through the legal process and ensure your interests are protected.

9. Can annulment affect child custody and support in Davao City?

Child custody and support are separate legal matters that are decided based on the best interests of the child. The court will consider various factors, including the child's welfare, when determining custody and support arrangements regardless of an annulment.

10. What should I do if I am considering annulment in Davao City?

If you are considering annulment in Davao City, it is important to consult with a lawyer who specializes in family law to discuss your options, understand the legal requirements, and get personalized legal advice based on your specific situation.

Additional Resources

If you need legal assistance with annulment in Davao City, you can contact the Integrated Bar of the Philippines (IBP) Davao Chapter or the Legal Aid office in Davao City for referrals to qualified lawyers who can help you with your case.

Next Steps

If you are in Davao City and in need of legal assistance for annulment, it is recommended to schedule a consultation with a reputable lawyer who specializes in family law to discuss your case, evaluate your options, and proceed with the necessary legal steps to pursue annulment if appropriate.

Lawzana helps you find the best lawyers and law firms in Davao City through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Annulment, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Davao City, Philippines—quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.