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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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...
Founded in 1984
50 people in their team
Tagalog
English
About PunoLawWe are experts in our chosen practice areas with diverse experiences, including as a member of the executive and legislative branches of the Philippine government and as general counsels of private Philippine and multinational companies. We harness our expertise in finding...
Founded in 2023
10 people in their team
English
Tagalog
Trusted Family Law Experts in the Philippines – ACE Law OfficeAt ACE Law Office, we recognize that facing legal challenges, especially those involving family matters, can feel overwhelming. That’s why we are committed to offering not just legal expertise, but also empathy and clarity throughout...
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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?
- 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 Mandaluyong City, Philippines
Mandaluyong City, located in the heart of Metro Manila, is governed by the family laws stipulated in the Family Code of the Philippines. These laws cover a broad range of issues related to marriage, divorce, child custody, adoption, and domestic violence. Family law addresses relational dynamics between individuals living within the same household, aiming to establish order, provide structure, and ensure the protection of vulnerable members, especially children. Given the densely populated nature of Mandaluyong City, family law plays a pivotal role in resolving disputes and ensuring peaceful coexistence among families.
Why You May Need a Lawyer
In many situations, individuals and families in Mandaluyong City may require the expertise of a family lawyer:
- Divorce and Annulments: Although divorce is not legally permitted in the Philippines, annulments and legal separations are available, both of which can be complex and emotionally taxing processes requiring professional guidance.
- Child Custody and Support: Disputes over child custody and support are common, necessitating legal intervention to ensure the welfare of children and fair parental responsibility.
- Adoption: Adoption involves intricate legal processes that ensure the best interest of the child is prioritized. Lawyers can help navigate these procedures efficiently.
- Domestic Violence: For victims of domestic abuse, getting a lawyer can be a crucial step in securing protection orders and ensuring safety.
- Division of Property: In cases of annulment or legal separation, the division of property and assets can become contentious and requires skilled negotiation and legal expertise.
Local Laws Overview
The family laws applicable in Mandaluyong City are largely drawn from the Family Code of the Philippines, along with various local ordinances designed to protect family welfare. Key aspects include:
- Marriage: Legal requirements for marriage include minimum age, consent, and license acquisition.
- Annulment and Legal Separation: Grounds for annulment include psychological incapacity, fraud, and absence of parental consent in some instances. Legal separation can be sought on grounds such as repeated physical abuse or grossly abusive conduct.
- Parental Authority and Child Custody: The welfare of the child is the primary consideration, with laws promoting joint parental authority unless unfeasible.
- Domestic Violence Prevention: Legislation such as the Anti-Violence Against Women and their Children Act protects victims and provides avenues for legal recourse.
- Adoption: Governed by the domestic adoption law, which ensures that all adoptions satisfy strict standards for the child's welfare.
Frequently Asked Questions
What are the grounds for annulment in Mandaluyong City?
Annulment can be sought for grounds including lack of parental consent, psychological incapacity, fraud, impotence, and sexually transmitted diseases discovered after marriage.
Is divorce allowed in Mandaluyong City?
Divorce is not legally recognized in the Philippines; however, annulment and legal separation are alternatives available for terminating marital ties.
How is child custody determined?
Child custody is determined based on the best interests of the child, with joint custody favored unless circumstances dictate otherwise.
What legal protection exists for victims of domestic violence?
Victims can seek protection under the Anti-Violence Against Women and their Children Act, which includes provisions for restraining orders and legal action against abusers.
Can I adopt a child if I am single?
Yes, singles are permitted to adopt, provided they meet the legal requirements and demonstrate the capacity to provide for the child's needs.
What are the legal requirements for marriage?
The requirements include obtaining a marriage license, meeting the minimum age requirement, and, if necessary, securing parental consent.
Can property acquired during marriage be separated in annulment?
Yes, in an annulment or legal separation, property acquired during the marriage is typically divided according to property regimes set in the marriage settlement or as determined by the court.
How can I seek legal separation?
Legal separation can be filed on grounds such as abuse, infidelity, mental or physical incapacity, and abandonment, among others.
What is the process for filing a protection order against an abuser?
A petition for a protection order can be filed at the nearest Family Court or regional trial court, where a temporary or permanent order may be granted for the victim's safety.
Are there support services available for dealing with family-related issues?
Yes, various governmental and non-government organizations offer support and counseling services to individuals dealing with family law-related issues.
Additional Resources
The following resources may be beneficial for individuals seeking legal advice:
- Department of Social Welfare and Development (DSWD): Offers various family welfare programs and services.
- Public Attorney's Office (PAO): Provides free legal assistance to indigent clients involved in family law cases.
- Barangay Offices: Local barangays provide mediation services for resolving family disputes.
- Women's and Children's Protection Desks: Located in police stations, these desks offer immediate assistance for cases involving domestic violence and child abuse.
Next Steps
If you require legal assistance in family matters, begin by consulting with a qualified family lawyer to discuss your case specifics. Consider seeking free consultations if financial constraints are an issue. Obtain all necessary documentation related to your situation to ensure your lawyer has comprehensive details to support your case effectively. Additionally, leverage local resources, such as barangay offices and specialized desks, for preliminary advice and support.
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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.