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List of the best lawyers in Surigao City, Philippines

Cagula Diaz & Associates Law Firm - Surigao City

Surigao City, Philippines

English

Cagula Diaz & Associates Law Firm, located in Surigao City, Philippines, is a distinguished legal practice known for its comprehensive legal services. The firm operates from its office on Gov. Jose Sering Road, Surigao City, 8400 Surigao del Norte, Philippines. Established on May 17, 2021, under...

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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 Surigao City, Philippines

Annulment is a legal procedure in the Philippines that declares a marriage null and void, as if it never existed. Unlike divorce, which dissolves a valid marriage, an annulment asserts that the marriage was invalid from the start. In Surigao City, as in the rest of the Philippines, annulment is governed by family law under the Family Code of the Philippines. Petitioners must provide specific legal grounds to obtain an annulment, such as psychological incapacity, lack of parental consent, or fraud. Understanding these intricacies is vital for anyone considering an annulment.

Why You May Need a Lawyer

Seeking the help of a lawyer during an annulment process is crucial due to the complexity and emotional challenge involved. Common scenarios where legal assistance is needed include:

Understanding Grounds for Annulment: Deciphering whether your situation meets the legal grounds set by the Family Code can be challenging without professional guidance.
Document Preparation: The annulment process involves an array of legal documents and requirements that a lawyer can help prepare efficiently.
Court Representation: Engaging in legal proceedings can be daunting. A lawyer can represent you in court and advocate for your interests.
Negotiation with Spouse: Lawyers can facilitate communication and negotiate terms with your spouse to avoid unnecessary contention.
Emotional Support: Beyond legal expertise, a seasoned lawyer provides support and advice to help manage the emotional strain of annulment.

Local Laws Overview

Surigao City residents seeking an annulment should be mindful of several legal aspects:

Grounds for Annulment: As per the Family Code, valid grounds include lack of parental consent, fraud, psychological incapacity, and certain communicable diseases. Proving these grounds requires substantial evidence and often the testimony of a psychologist or psychiatrist.
Process Duration: Annulment procedures can be lengthy and may take anywhere from one to four years, depending heavily on court schedules and complexity of the case.
Legal Costs: Fees can vary widely, from tens of thousands to hundreds of thousands of pesos, influenced by the case's difficulty and lawyer's fees.
Child Custody and Support: If children are involved, the court will determine arrangements for custody and support, prioritizing the children's welfare.

Frequently Asked Questions

What is the difference between annulment and legal separation?

Annulment nullifies a marriage as though it never happened, while legal separation allows spouses to live separately without dissolving the marriage bond, meaning they cannot remarry.

Can an annulment be denied?

Yes, an annulment can be denied if the petitioner fails to convincingly prove the grounds for annulment as outlined by law.

How long do I have to file for annulment?

The period for filing depends on the ground; for instance, cases involving fraud must be filed within five years of discovery.

Is psychological incapacity easy to prove?

Proving psychological incapacity is challenging and requires thorough evidence, often involving expert testimony.

What happens to the children after annulment?

The court will decide on child custody and support arrangements, focusing on the best interests of the children.

Will annulment affect property relations?

Property relations may be affected, and issues like division of property are evaluated in accordance with legal guidelines on property settlements.

Is a civil or church annulment required for legal marriage dissolution?

Civil annulment is required to legally dissolve a marriage; church annulment pertains to religious marriage nullity and does not have legal bearing.

Can I remarry immediately after annulment?

You may remarry only after the court issues the final decree of annulment and the decision is registered with the civil registry.

Will the court decision in my annulment case be confidential?

Court proceedings and decisions are public records, but sensitive personal information might be treated with confidentiality.

What are the estimated costs of an annulment process in Surigao City?

Costs can range broadly, depending on the complexity of the case and the expertise of the attorney involved. Typically, they may start from approximately PHP 100,000 and can go much higher.

Additional Resources

Various resources and institutions can provide further information and support:

Office of the Civil Registrar: For guidance on filing and registering annulment cases.
Integrated Bar of the Philippines (IBP) - Surigao City Chapter: Offers referrals for legal assistance and information.
Public Attorney's Office (PAO) - Surigao City: Provides free legal assistance to qualified individuals.
Social Welfare Services: Supports affected children and families during the annulment process.

Next Steps

If you're contemplating an annulment in Surigao City, here’s how to proceed:

Research: Gather information about annulment and assess if your situation qualifies under the grounds specified by the Family Code.
Consult a Lawyer: Set up a consultation with a reputable family lawyer specializing in annulment to evaluate your case and discuss potential outcomes.
Prepare Documentation: Work with your lawyer to prepare all necessary documents and evidence required for filing your case.
Attend Counseling if Required: Some cases may require psychological evaluation or counseling as part of the evidence submission.
File the Petition: Your lawyer will take care of filing the petition in the proper jurisdiction and guide you through subsequent legal processes.
Attend Court Hearings: Be present at scheduled court dates and follow legal counsel to advocate your case effectively.

Engaging in the annulment process can be daunting, but with the right legal assistance and preparation, you can navigate the complexities and achieve resolution.

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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.