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Villa and Cruz, Attorneys-at-Law

Villa and Cruz, Attorneys-at-Law

15 minutes Free Consultation
Central, Philippines

Founded in 2018
12 people in their team
English
Tagalog
VILLA & CRUZ, ATTORNEYS-AT-LAW is a full-service firm founded upon the ideal of providing quality legal counsel and service. The Firm started out as Villa and Associates in July 2000, then grew to its current partnership as established on 10 July 2018.  The Firm presently has a core...
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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 Central, Philippines

The field of family law in Central, Philippines, encompasses a wide range of matters impacting familial relationships. These include marriage, annulment, adoption, domestic violence, property relations, and child custody, among others. Family law is significant as it governs the legal aspects of one of society's most fundamental units - the family. The law aims to provide structure and resolution to ensure the well-being of family members, particularly children, and protect their legal rights.

Why You May Need a Lawyer

Individuals may require legal assistance in family matters for various reasons:

  • Marriage and Annulment: Legal guidance may be necessary for drafting prenuptial agreements or understanding the annulment process.
  • Child Custody and Support: Lawyers can help negotiate custody arrangements and determine fair child support amounts.
  • Domestic Abuse: Victims may need protection orders or other legal remedies to ensure their safety.
  • Property Settlement: Disputes over marital property division often require legal counsel to ensure fair outcomes.
  • Adoption: Navigating the legal procedures for adoption requires compliance with local and national regulations.

Local Laws Overview

In the Central region of the Philippines, local family laws are consistent with national laws but may include specific regional interpretations and cultural considerations. Key aspects include:

  • Marriage Laws: Governed by the Family Code of the Philippines, requirements for marriage include legal age, consent, and registration procedures.
  • Annulment and Legal Separation: Grounds for annulment include psychological incapacity, fraud, and lack of parental consent, among others.
  • Child Custody and Support: Decisions are made in the best interest of the child, adhering to the principles of the United Nations Convention on the Rights of the Child.
  • Property Relations: Governed by the system of absolute community of property, conjugal partnership of gains, or complete separation of property.
  • Domestic Violence Protections: The Anti-Violence Against Women and Their Children Act provides mechanisms for victim protection and perpetrator accountability.

Frequently Asked Questions

What is the legal age for marriage in the Philippines?

The legal age for marriage is 18 years, but those below 21 require parental consent. Individuals between 21 and 25 must seek parental advice.

On what grounds can a marriage be annulled?

Grounds include lack of parental consent, mental incapacity, consent obtained by fraud, and incurable psychological incapacity.

How is child custody determined?

The court primarily considers the child's best interests, assessing factors like age, health, emotional ties, and environmental stability.

What rights do unmarried parents have?

Unmarried parents can petition for custody, visitation rights, and child support. The best interest of the child remains the guiding principle.

How are property disputes resolved during separation?

Resolution depends on the marriage's property regime, which could include absolute community, conjugal partnership, or separation of property.

What processes are involved in legal adoption?

Adoption involves a petition, home study report, matching, pre-adoption counseling, and fulfilling legal documentation requirements per domestic legislation.

Is mediation required in family disputes?

Mediation is often encouraged to amicably resolve family disputes and is mandatory in some cases before court proceedings can commence.

Can protective orders be issued for domestic violence cases?

Yes, victims can seek barangay protection orders, temporary protection orders, and permanent protection orders, under the Anti-Violence Against Women and Their Children Act.

What are the child support obligations for non-custodial parents?

Non-custodial parents are typically required to provide financial support, covering essentials like food, education, and healthcare, commensurate with their financial capacity.

Where can I file for annulment?

Annulment petitions are filed at the Regional Trial Court in the jurisdiction where either of the spouses resides.

Additional Resources

For legal advice and assistance, individuals can reach out to the Integrated Bar of the Philippines (IBP), Public Attorney's Office (PAO), and various NGOs like Gabriela that advocate for women's and children's rights. Local government units often have Social Welfare and Development Offices that can provide guidance as well.

Next Steps

If you require legal assistance in family matters, consider consulting a qualified family law attorney in Central, Philippines. It’s advisable to gather all relevant documentation related to your situation and list your questions and concerns before the consultation. Reach out to the Integrated Bar of the Philippines for lawyer referrals or contact the Public Attorney's Office for pro bono services if eligible. Taking legal action can be complex, and professional guidance can help protect your rights and interests.

Lawzana helps you find the best lawyers and law firms in Central 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 Family, 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 Central, 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.