Best Family Lawyers in Santiago

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List of the best lawyers in Santiago, Philippines

NARAG LAW OFFICE

Santiago, Philippines

Founded in 2015

12 people in their team

www.naraglawoffice.com

English

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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Browse family law firms by service in Santiago, Philippines

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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 Santiago, Philippines

Family law in Santiago, Philippines, like most of the country, is governed by the national legislation mainly compiled under the Family Code of the Philippines. This comprehensive legal framework provides clear regulations on various aspects such as marriage, legal separation, property relations between spouses, paternity, filiation, adoption, and guardianship. It is also important to note that the Philippines does not have a divorce law and marriage sanctity is highly respected. This makes family law in the Philippines unique and somewhat complex, necessitating the need for lawyers specialized in this branch of law.

Why You May Need a Lawyer

Facing issues related to family law can be emotionally draining and legally complex. Individuals often seek legal counsel in cases related to annulment of marriages, legal separation, child custody or support, adoption, and domestic violence. Lawyers specialized in family law can provide essential advice, guide you through the legal proceedings, and advocate for your rights in these instances. They also offer mediation services to resolve disputes amicably and can represent you in court when necessary.

Local Laws Overview

The family law of Santiago follows the Philippines' national laws and is heavily based on the Family Code enacted in 1987. Key areas of the law include:

Marriage: In the Philippines, only marriages solemnized under civil rite and certain religious rites are considered legal. A crucial element is consent freely given in the presence of the solemnizing officer.

Separation and Annulment: The Family Code allows legal separation under certain circumstances, such as repeated physical violence or grossly abusive conduct. However, unlike other jurisdictions, it does not provide for divorce. Annulment can be sought under specific and limited provisions, including psychological incapacity and fraud.

Child Custody and Support: In case of separation, custody is usually awarded to the innocent spouse, and child support is decided based on the needs of the child and the means of the parent. The rights of illegitimate children are also protected under the Family Code.

Frequently Asked Questions

1. Can I file for a divorce in Santiago, Philippines?

Divorce is currently not recognized in the Philippines, regardless of where you are located within the country. Couples seeking to end their marriages can, however, apply for an annulment or a legal separation.

2. How are property disputes between spouses settled?

In the absence of a prenuptial agreement, marriages in the Philippines operate under the system of absolute community of property, which means all properties acquired during the marriage are jointly owned by both spouses.

3. What are grounds for annulment?

The grounds for annulment include lack of parental consent (if either party is between the age of 18 and 21), fraud, force, intimidation, undue influence, impotence, and psychological incapacity.

4. What’s the age of majority in Santiago, Philippines?

The age of majority in the Philippines is 18, which permits an individual to make decisions about their health, education, and legal representation.

5. How is child custody determined?

Custody is typically awarded to the innocent spouse in the event of separation. However, children under seven years old are given to the mother unless there's a compelling reason not to.

6. What happens if a parent doesn’t pay child support?

If a parent fails to pay court-ordered child support, they can be held legally accountable. Actions can include wage garnishment and imprisonment.

7. How long does the process of adoption take?

The adoption process can take several months or years, depending on the circumstances. Rigorous checks, including home study reports and matching procedures, are carried out by the Philippines' adoption authority.

8. Can I represent myself in a family law matter?

While you can choose to represent yourself, it is generally advisable to engage a lawyer due to the complexity of the family law and the emotional toll these matters often take.

9. When do I need a family lawyer?

It is wise to consult a family lawyer anytime you feel your family rights might be infringed or whenever you need legal guidance in family matters such as property disputes, adoption, legal separation, or child custody.

10. How can I find a reliable family lawyer in Santiago, Philippines?

You may refer to online listings, client reviews, or even ask for recommendations from people you trust.

Additional Resources

Legal help in the Philippines can be obtained from the Integrated Bar of the Philippines (IBP), which is the national organization of lawyers. They provide free legal aid to those who cannot afford attorney fees. For family issues, organizations like Women's Crisis Center and Children's Legal Bureau can also provide necessary assistance.

Next Steps

If you need legal assistance in a family law matter in Santiago, it's recommended to consult a lawyer who specializes in Philippine family law. Start by researching lawyers in the area, scheduling consultations, and collecting all relevant documents. A good lawyer won’t just give you legal advice, but also empathize with your situation and work towards achieving the best outcome for you and your family.

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