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Atty. Rainier Mamangun

Atty. Rainier Mamangun

Caloocan City, Philippines

Founded in 2004
25 people in their team
English
Atty. Rainier Mamangun's Law Office is a full-service firm that provides a full range of legal services for any activity or venture, or any area of interest or concern in the Philippines. Guided by traditional values, but oriented towards present-day solutions, his law firm is composed of lawyers...
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Philippines Family Legal Questions answered by Lawyers

Browse our 119 legal questions about Family in Philippines and the lawyer answers, or ask your own questions for free.

Can annulment or legal separation be filed even without evidence?
Annulment
Family
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
Marriage
Family
Divorce & Separation
Annulment
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.
Family
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.

About Family Law in Caloocan City, Philippines

Family law in Caloocan City, as in the rest of the Philippines, is governed by the Family Code of the Philippines, alongside other pertinent laws and legal precedents. Family law encompasses a range of issues including marriage, divorce, custody, property relations, adoption, and guardianship. It seeks to provide a legal structure that supports and protects family life, emphasizing the rights and responsibilities of family members towards one another. Caloocan City, being part of the National Capital Region, follows the national guidelines and standards set forth by these laws.

Why You May Need a Lawyer

There are multiple situations where individuals might require legal assistance in family matters:

Marriage and Prenuptial Agreements: Couples planning to get married may need legal advice on prenuptial agreements and the matrimonial property regime.

Annulment or Legal Separation: Individuals seeking to annul their marriage or establish legal separation might require legal representation to navigate the court proceedings.

Child Custody and Support: During separations, disputes over child custody and support can arise, necessitating legal intervention for a fair resolution.

Adoption Processes: The legal procedures for adopting a child require compliance with stringent regulations, often requiring professional legal advice to ensure all paperwork and criteria are met.

Violence or Abuse Cases: In cases of domestic violence or abuse, legal assistance is crucial for obtaining protection orders and ensuring the safety of victims.

Local Laws Overview

The key aspects of family law in Caloocan City are aligned with national laws, including:

Marriage Laws: The legal age for marriage is generally 18, with parental consent required for those between 18 and 21. Legal restrictions also apply to marriages involving close family members and those previously married without an annulment.

Annulment Grounds: Unlike divorce, the Philippines allows for marriage annulment, which declares the marriage null. Legal grounds include lack of parental consent, psychological incapacity, fraud, and force.

Child Custody: Custody laws prioritize the welfare of the child. Generally, mothers receive custody of children under seven unless proven unfit, though both parents have equal rights and responsibilities towards their children.

Domestic Violence: The Anti-Violence Against Women and Their Children Act provides protection for victims of domestic abuse, enabling them to file for protection orders through local courts.

Frequently Asked Questions

What is the difference between annulment and legal separation?

Annulment declares a marriage null and void as if it never existed, while legal separation allows spouses to live apart without dissolving the marriage. Legal separation does not permit either party to remarry.

How long does the annulment process take?

The annulment process can vary, often taking anywhere from one to four years, depending on the complexities of the case and court availability.

How is child custody determined?

Child custody is determined based on the best interests of the child, considering factors like parental capability, the physical and emotional environment, and the child's age and preference.

Can grandparents seek custody of grandchildren?

Yes, grandparents can seek custody but typically only if both parents are unfit or unable to care for the child.

What rights do unmarried parents have regarding their children?

Unmarried parents have the same parental rights and duties as married parents, unless legal agreements or court orders specify otherwise.

What protection is available for domestic violence victims?

Victims can seek protection orders from courts that prohibit the abuser from contacting or approaching them. These orders also provide for temporary custody and financial support.

What is the process for adopting a child?

The adoption process involves a home study, declaration of legal eligibility, an application to the Department of Social Welfare and Development (DSWD), and court approval.

Is joint custody possible for divorced or separated parents?

Yes, joint custody can be arranged if both parents are deemed capable and it serves the best interest of the child.

Can a marriage be annulled based on infidelity?

No, infidelity is not a ground for annulment in the Philippines, but it can be a valid ground for legal separation.

Does legal separation affect inheritance rights?

Legal separation does not affect the inheritance rights of spouses unless the will or testamentary dispositions state otherwise.

Additional Resources

Department of Social Welfare and Development (DSWD): Provides resources and services related to family welfare, including adoption and child protection.

Philippine Commission on Women (PCW): Offers support and information for women facing domestic issues and violence.

Public Attorney’s Office (PAO): Provides free legal assistance to indigent citizens for family law cases.

Next Steps

If you need legal assistance in family matters within Caloocan City, consider the following steps:

Consult a Lawyer: Hire a qualified family lawyer familiar with both national and local laws governing Caloocan City. Initial consultations can help gauge the scope of your issue.

Gather Documentation: Prepare necessary documents such as marriage certificates, birth certificates, financial records, and any relevant legal documents to facilitate your legal proceedings.

Contact Government Bodies: Reach out to local branches of the DSWD or similar organizations for guidance specific to your situation.

Seek Counseling: Family disputes can be emotionally taxing, so consider speaking to a family counselor for emotional support alongside legal guidance.

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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.