
Best Family Lawyers in Philippines
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List of the best lawyers in Philippines


NARAG LAW OFFICE

ACE Law Office

Atty. Rainier Mamangun

LORD LAW OFFICE

ERLAW

DAGSAAN MONTERDE CASTILLO LAW AND NOTARY PUBLIC

Sucgang Law

Atty. Ricardo H. Casimiro II - CASIMIRO & PARTNERS LAW OFFICES

Sison Reyes & Associates, Al Kanz Building
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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.
About Family Law in the Philippines
Family law in the Philippines covers a wide range of legal issues concerning relationships and family matters. These may include marriage, divorce, child custody, adoption, and domestic violence, among others. The Philippines has a unique legal system when it comes to family law, so it's essential to seek legal advice when dealing with such matters.
Why You May Need a Lawyer
There are many situations where you may need a lawyer specializing in family law in the Philippines. Some common scenarios include filing for annulment or legal separation, negotiating child custody and support agreements, resolving property disputes in divorce, and seeking protection from domestic violence. A lawyer can provide valuable guidance and representation throughout these complex legal processes.
Local Laws Overview
Family law in the Philippines is primarily governed by the Family Code of the Philippines. This code covers various aspects of family relations, including marriage, legal separation, annulment, adoption, and property relations between spouses. Additionally, the Civil Code of the Philippines and other relevant laws may also apply to family matters. It's crucial to consult with a lawyer who is well-versed in these laws to ensure your rights are protected.
Frequently Asked Questions
Q: How can I file for annulment in the Philippines?
A: To file for annulment in the Philippines, you must meet certain legal grounds specified in the Family Code. It's advisable to seek the assistance of a lawyer to guide you through the process.
Q: What are the laws regarding child custody in the Philippines?
A: Child custody laws in the Philippines prioritize the best interests of the child. The court may award custody based on factors such as the child's welfare and relationship with each parent.
Q: How can I protect myself from domestic violence?
A: If you are a victim of domestic violence, you can seek protection through a Barangay Protection Order (BPO) or a Temporary Restraining Order (TRO) from the court. A lawyer can help you navigate these legal options.
Q: What are the grounds for legal separation in the Philippines?
A: The grounds for legal separation in the Philippines include infidelity, abuse, abandonment, and drug addiction, among others. Consult with a lawyer to determine if you have valid grounds for legal separation.
Q: How can I adopt a child in the Philippines?
A: Adoption in the Philippines is governed by the Child and Youth Welfare Code. The process involves legal requirements and procedures that must be followed to ensure the best interests of the child are protected.
Q: Can foreigners get married in the Philippines?
A: Yes, foreigners can get married in the Philippines, but there are specific legal requirements that must be met, such as obtaining a marriage license from the local civil registrar.
Q: What are the property rights of spouses in the Philippines?
A: Under the Family Code of the Philippines, spouses have equal rights to property acquired during the marriage. However, certain properties may be considered exclusive to one spouse based on the regime of absolute community or conjugal partnership of gains.
Q: How can I enforce a child support agreement?
A: If the other parent fails to fulfill their child support obligations, you can seek legal assistance to enforce the agreement. This may involve filing a petition with the court to compel the other parent to comply.
Q: What are the legal implications of a prenuptial agreement in the Philippines?
A: A prenuptial agreement in the Philippines outlines the property rights and obligations of spouses in the event of divorce or legal separation. It's essential to consult with a lawyer to ensure that the agreement is valid and enforceable.
Q: How can I protect my rights in a divorce proceeding?
A: To protect your rights in a divorce proceeding, it's crucial to seek legal representation from a family law attorney. They can advocate for your interests and help you navigate the complexities of the legal process.
Additional Resources
If you need legal advice or assistance in family matters in the Philippines, you can contact the Integrated Bar of the Philippines (IBP) or the Philippine Bar Association (PBA) for referrals to qualified lawyers specializing in family law. Additionally, you may seek help from the Department of Social Welfare and Development (DSWD) for support services related to family issues.
Next Steps
If you require legal assistance in family matters in the Philippines, the first step is to consult with a reputable lawyer specializing in family law. They can assess your situation, provide legal advice, and represent your interests in court if necessary. Don't hesitate to seek help and protect your rights in family-related legal proceedings.
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.