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NARAG LAW OFFICE

NARAG LAW OFFICE

Dasmarinas, Philippines

Founded in 2015
12 people in their team
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

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 Dasmarinas, Philippines

Family law in Dasmarinas, Philippines is a branch of legal practice that deals with matters related to families and relationships. It encompasses a wide range of issues such as marriage, divorce, child custody, adoption, property division, and more. Understanding the local laws and regulations is essential when seeking legal advice or assistance in family matters in Dasmarinas.

Why You May Need a Lawyer

There are several situations where seeking the help of a lawyer specializing in family law can be beneficial. Some common scenarios include:

- Divorce or legal separation: When a marriage dissolves, legal representation can help protect your rights, negotiate settlements, and ensure the best interests of any children involved.

- Child custody and support: If you are facing issues regarding child custody or support, a lawyer can guide you through the legal process and advocate for the well-being of your children.

- Adoption: Adopting a child can be a complex and lengthy process. A family lawyer can assist you in navigating the legal requirements and paperwork involved.

- Domestic violence: If you or your loved ones are experiencing domestic violence, a lawyer can help protect your rights, obtain restraining orders, and provide guidance on available legal remedies.

Local Laws Overview

In Dasmarinas, Philippines, family matters are governed by various laws, including the Family Code of the Philippines and relevant civil laws. Some key aspects of the local laws that are particularly relevant to family matters include:

- Marriage: Marriage is considered a special contract under Philippine law. The legal age to marry is 18 years old, although parental consent is required for those aged 18 to 21. Both parties must also obtain a marriage license before the wedding.

- Divorce: Divorce is illegal in the Philippines, but legal separation is allowed. Legal separation does not dissolve the marriage bond, but it allows spouses to live separately and divide their properties.

- Child Custody: Philippine courts primarily base child custody decisions on the best interests of the child. Joint custody may be granted, but the final decision depends on several factors, including the child's age, preference, and ability to provide care.

- Child Support: Both parents are legally obligated to provide financial support to their children. The court determines the amount based on the income and needs of the child.

Frequently Asked Questions

Q: How long does it take to obtain a divorce in Dasmarinas?

A: Divorce is not recognized in the Philippines. However, legal separation can be obtained through a court process which typically takes several months to complete.

Q: Can a mother deny visitation rights to the child's father?

A: Unless there is a court order indicating otherwise, both parents have equal rights to visitation of their child. Denying visitation rights without valid reasons can have legal consequences.

Q: Can a non-Filipino citizen adopt a child in Dasmarinas?

A: Yes, a non-Filipino citizen can adopt a child in Dasmarinas, Philippines. However, there are specific legal requirements and procedures that need to be followed, which may vary depending on the adoptive parent's nationality.

Q: What resources are available for victims of domestic violence in Dasmarinas?

A: Victims of domestic violence can seek assistance from various government agencies and non-governmental organizations such as the Philippine National Police, local Social Welfare and Development Offices, and women's rights organizations like GABRIELA.

Q: How are properties divided in cases of legal separation?

A: In cases of legal separation, properties acquired during the marriage are divided equally between the spouses, unless they agree on a different arrangement. However, properties acquired before the marriage, as well as inheritances or gifts, are generally treated as separate properties.

Additional Resources

If you need legal advice or further information on family matters in Dasmarinas, Philippines, consider contacting:

- Dasmarinas City Hall Family Court

- Integrated Bar of the Philippines - Dasmarinas City Chapter

- Department of Social Welfare and Development - Dasmarinas Field Office

- Women's Center Dasmarinas

Next Steps

If you require legal assistance in family matters in Dasmarinas, Philippines, here are the suggested steps:

1. Identify the specific issue or situation related to family law that you need assistance with.

2. Research and contact reputable family lawyers or law firms in Dasmarinas who specialize in the area relevant to your case.

3. Schedule an initial consultation with a lawyer to discuss your situation and determine if they are the right fit for your needs.

4. Prepare any necessary documents or evidence related to your case to present to the lawyer during the consultation.

5. During the consultation, ask questions to clarify any concerns or doubts you may have and discuss potential legal strategies and costs.

6. If you are satisfied with the lawyer's expertise and approach, proceed with hiring them and follow their guidance in pursuing your legal matter.

Remember, it is important to choose a lawyer who is experienced, knowledgeable, and someone you feel comfortable working with during this potentially sensitive and emotional process.

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