Best Family Lawyers in Puerto Princesa City

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TMG LAW PALAWAN

TMG LAW PALAWAN

Puerto Princesa City, Philippines

Founded in 2013
English
TMG Law Palawan is a distinguished law firm located in Puerto Princesa City, Palawan, Philippines. The firm is dedicated to providing competent, reliable, and responsive legal services to its clients. The firm's team comprises seasoned legal professionals with extensive experience in various...
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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 Puerto Princesa City, Philippines

Family law in Puerto Princesa City, as elsewhere in the Philippines, is primarily governed by the Family Code of the Philippines. This legal framework addresses various aspects of family relations, including marriage, legal separation, annulment, parental authority, adoption, and child custody. Family law seeks to protect the rights and responsibilities of individuals in familial relationships and ensure the welfare of family members, especially children.

Why You May Need a Lawyer

There are several situations where individuals may require legal assistance in the field of family law. Some common scenarios include:

  • Marriage and Prenuptial Agreements: Legal guidance can ensure that couples understand their rights and obligations.
  • Annulment and Legal Separation: Knowledgeable assistance is crucial when addressing the complexities of these procedures.
  • Child Custody and Support: Lawyers can help navigate disputes and ensure the best interest of the child is considered.
  • Adoption: Legal support is essential to comply with stringent legal requirements and processes.
  • Domestic Violence and Protection Orders: A lawyer can assist in pursuing protective measures and safeguarding victims’ rights.

Local Laws Overview

The Family Code of the Philippines is the primary legal instrument governing familial relations in Puerto Princesa City. Key aspects include:

  • Marriage: Established the civil rights and obligations of married couples, affecting property relations and consent issues.
  • Annulment and Legal Separation: Provides specific grounds and processes for dissolving marital unions.
  • Parental Authority: Details the rights and responsibilities of parents towards their children, including custody and support.
  • Adoption: Outlines the process for legally adopting a child, including requirements and procedures to ensure the child’s welfare.
  • Child Custody: Focuses on the welfare of the child, ensuring decisions are made in the child’s best interest.

Frequently Asked Questions

What are the grounds for annulment in the Philippines?

Some grounds for annulment include lack of parental consent, psychological incapacity, fraud, force, intimidation, or undue influence, among others.

Can spouses legally separate without dissolving the marriage?

Yes, legal separation allows spouses to live separately and manage their own affairs without ending the marriage legally.

What rights do fathers have to child custody in the Philippines?

Fathers have equal rights to seek custody of their children, and courts prioritize arrangements that serve the child’s best interests.

How is child support determined?

Child support is generally calculated based on the financial capacity of the paying parent and the needs of the child.

What protection is available for victims of domestic violence?

The Anti-Violence Against Women and Their Children Act provides legal remedies including protective orders and penalties for offenders.

How long does the adoption process take?

The adoption process can vary widely but typically requires several months to a year, depending on the case's complexity and compliance with legal requirements.

What is the effect of a prenuptial agreement?

A prenuptial agreement outlines property rights and obligations of each spouse before marriage, which courts uphold if legally compliant.

Is joint custody possible in divorce cases?

Joint custody is possible and may be awarded if it serves the child's best interests and both parents cooperatively agree to custody terms.

How are alimony payments determined in an annulment?

Alimony may be granted based on factors such as the length of the marriage, financial resources, and each party's needs.

Can adopted children inherit from adoptive parents?

Yes, adopted children have the same inheritance rights as biological children under the law.

Additional Resources

For individuals seeking further guidance, several resources and organizations can provide assistance:

  • Public Attorney’s Office (PAO): Offers free legal assistance to qualified individuals.
  • Department of Social Welfare and Development (DSWD): Provides support and resources for families and children.
  • Clerks of Court: Can offer procedural guidance and information on family court cases.
  • Local Non-Governmental Organizations (NGOs): Provide support for those dealing with family law issues, such as domestic violence.

Next Steps

If you require legal assistance in family law, consider taking the following steps:

  1. Consult with a Lawyer: Seek counsel from a legal professional experienced in family law to discuss your specific case.
  2. Gather Documentation: Prepare all relevant documents and information pertinent to your case in advance of legal consultations.
  3. Understand Your Rights and Options: Take time to learn about your legal rights and possible solutions to make informed decisions.
  4. Consider Mediation: Explore alternative dispute resolution methods if applicable, which can provide amicable and cost-effective solutions.
  5. Stay Informed: Keep abreast of any changes in local family laws and seek continued guidance as needed.
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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.