You've Come To The Right PlaceOur Managing Attorney, Atty. Narag (a CPA), started this firm in January 2015 after working in the corporate world for more than 20 years (SGV&Co., PriceWaterhouse Coopers,.AIG/AIA, etc). He has so far positively used his extensive experience as a...
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Philippines Family Legal Questions answered by Lawyers
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- 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.
- For how long is the process of child legitimacy because it took 2 years for us until now.
- Good day from Recososa Law Firm!We understand your concern regarding the prolonged process of legitimating your child, which has already taken two years without resolution. Under Philippine law, child legitimacy may arise through different legal remedies, depending on the circumstances of the child's birth and the subsequent actions of the parents.a.) If the child was born out of wedlock and the biological parents subsequently married, the process of legitimacy under Article 177 of the Family Code should be automatic, provided that the child was acknowledged by the father before or during the marriage. In such cases, the parents may file a petition with the Local Civil Registry to annotate the legitimacy in the child’s birth record, which typically takes only a few months if unopposed and all documents are complete.b.) However, delays often arise when there are documentary issues, incorrect entries in the birth certificate, conflicting records, or lack of personal appearance. In these instances, a petition for correction under Rule 108 of the Rules of Court may be necessary, which must be filed with the Regional Trial Court and involves publication and possible hearings. This court process can indeed take over a year, especially when there is court congestion or lack of follow-up.c.) If the child is not qualified for legitimacy but qualifies for recognition or filiation, the parent may instead initiate judicial proceedings to prove voluntary acknowledgment under Article 172 of the Family Code, which may also entail a court process.We strongly advise that you allow us to review your documents to assess what legal remedy is most appropriate and what has caused the delay in your case. By hiring our firm, we can directly intervene, monitor the court or civil registry proceedings, and expedite the correction or legitimacy petition to completion.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] look forward to assisting you in resolving this matter.
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About Family Law in Bacoor, Philippines
Family law in Bacoor, Philippines, encompasses a broad range of legal matters related to familial relationships. This includes marriage, annulment, legal separation, child custody, adoption, and domestic violence, among others. The laws are primarily governed by various legislations such as the Family Code of the Philippines. These laws aim to protect the rights and obligations of family members, ensuring orderly relations and welfare for all parties involved.
Why You May Need a Lawyer
The complexities of family law can be challenging for individuals to navigate on their own. Common situations requiring legal assistance include:
- Filing for annulment or legal separation and division of assets.
- Custody disputes over children, especially in cases of marital dissolution.
- Adoption proceedings and ensuring compliance with legal procedures.
- Seeking protection and legal recourse in cases of domestic violence.
- Resolving issues of paternity, child support, and visitation rights.
Legal experts can offer guidance and representation, ensuring that your rights are upheld throughout these processes.
Local Laws Overview
The Family Code of the Philippines is the primary statute governing family law in Bacoor and across the country. Key aspects include:
- Marriage: Legal requirements for marriage, grounds for annulment, and divorce for Muslim communities.
- Parental Authority: Rights and obligations of parents, including custody and support.
- Adoption: Legal procedures and qualifications needed for individuals or couples wishing to adopt.
- Support: The obligation of family members to support each other, especially parents to children.
- Spousal Support and Property Relations: Rules on conjugal property and financial support post-separation.
Local ordinances in Bacoor may also influence family law practices, necessitating professional advice to understand their implications.
Frequently Asked Questions
What are the requirements for marriage in the Philippines?
Both parties must be at least 18 years old to legally marry. Additional requirements include obtaining a marriage license, attending pre-marriage counseling, and the absence of legal impediments such as existing marriages.
What are the grounds for annulment in the Philippines?
Grounds for annulment include lack of parental consent, psychological incapacity, fraud, force, intimidation, mistake in identity, and existing marital bonds at the time of marriage.
How is child custody determined?
Custody decisions are based on the best interests of the child. Courts often favor maintaining the child’s relationship with both parents unless proven to be detrimental.
What is the process for adoption?
Adoption requires the consent of the child, biological parents, and spouse (if applicable). It involves a legal process to assess suitability, home studies, and eventual court approval.
How can a spouse seek legal separation?
Legal separation involves proving grounds such as physical violence, drug addiction, homosexuality, infidelity, and others, followed by a legal process in court.
What are protective orders for domestic violence?
Victims can seek civil protection orders to prevent an abuser from contacting or approaching them. The legal remedy aims to ensure the safety and welfare of the victim and their dependents.
Can grandparents seek custody or visitation rights?
Yes, in cases where the parents are unable to care for the children, grandparents may petition for custody or visitation, reflecting the best interests of the child.
How are properties divided after annulment or separation?
Properties are generally divided equally, except if a pre-nuptial agreement exists; otherwise, the courts will evaluate properties acquired before and during marriage.
What are the responsibilities of parents regarding child support?
Both parents are legally bound to support their children according to their financial capacity, covering necessities such as education, healthcare, and basic living expenses.
How long does the annulment process take?
The annulment process can be lengthy, often taking several months to years, depending on the complexity of the case and court schedules.
Additional Resources
For further legal advice and assistance, consider reaching out to the following resources:
- The Public Attorney's Office (PAO) for free legal representation for those who qualify.
- The Integrated Bar of the Philippines (IBP) Cavite Chapter for a list of licensed attorneys in Bacoor.
- The Department of Social Welfare and Development (DSWD) for issues related to child welfare and adoption.
Next Steps
If you require legal assistance in family law matters, consider the following steps:
- Determine the specific nature of your legal issue and gather all necessary documentation.
- Consult with a licensed family lawyer to discuss your case and understand your legal options.
- Explore resources such as PAO if you are in need of free or subsidized legal assistance.
- Discuss legal strategies with your attorney to develop a comprehensive plan tailored to your needs.
Engaging a competent attorney will equip you with the knowledge and representation necessary to navigate the often intricate legal landscape of family law.
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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.
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.