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BERONGOY & MONTECLAR LAW FIRM

BERONGOY & MONTECLAR LAW FIRM

15 minutes Free Consultation
Tagbilaran, Philippines

Founded in 2010
7 people in their team
English
About UsFounded in 2010 by the astute Atty. Ferdinand Berongoy, our law firm initially began its journey with Atty. Berongoy as a solo legal practitioner. His dedication and expertise soon caught the attention of Atty. Mark Opada, and together, they spearheaded numerous intricate property...
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Philippines Family Legal Questions answered by Lawyers

Browse our 123 legal questions about Family in Philippines and the lawyer answers, or ask your own questions for free.

Can I demand Child Support from Live in Partner. Our child bears his last name
Child Support
Family
Hello,Yes, you can demand child support from your live-in partner — especially if the child carries his last name and paternity is acknowledged or can be legally established. Under family law in Pakistan, every biological father is obligated to financially support his child, regardless of the nature of the relationship with the mother.You may file a child maintenance petition in the family court. The court will consider the father’s income and the child’s needs to decide the appropriate monthly support amount.At MAH&CO., we specialize in family and child support cases. We can help you file your case professionally and ensure your child's rights are protected. Please don’t hesitate to reach out to us.Warm regards,MAH&CO. | Child Support & Family Law ExpertsServing clients in Karachi, Lahore & IslamabadPhone: +92-345-8231881 | +92-300-3444617Email: [email protected] | [email protected]
Illegal detention of our mother
Family
Guardianship
We received your message inquiry from Lawzana regarding your concern about being denied access and communication with your mother, who is currently residing in a house owned by your family corporation.We understand how emotionally distressing this situation is, especially since your sister is allegedly restricting access by padlocking the home, limiting communication with your mother and caregivers, and only showing selective videos.This situation raises legal concerns on both the family and corporate fronts. We can assist you with:a.) Filing a petition for judicial relief to compel access to your mother, especially if undue influence, emotional abuse, or possible elder neglect is present, under the Family Code and relevant protective statutes.b.) Taking corporate legal steps if the house is a corporate asset and one stockholder or family member is exclusively and arbitrarily asserting control, which may constitute misappropriation or abuse of corporate property.c.) Coordinating with barangay or local social services to conduct a welfare check on your mother and intervene if there is suspicion of elder abuse, coercion, or isolation.We strongly recommend scheduling an immediate legal consultation so we can evaluate the full circumstances and identify the appropriate remedies based on your mother’s health, the corporate structure, and the existing property rights.You may book a Zoom or in-office appointment with us via this link: https://calendly.com/recososalawfirm.Alternatively, you may call or text us directly at +639175046510 Or email us at [email protected] are here to help you assert your rights and ensure your mother’s welfare is properly protected.Sincerely,Recososa Law FirmLegal Assistance and Family Law Services Team
Attempted Housing Fraud
Family
Dear Mr. Australian, Kindly clarify if the family home is land or a condominium. If it is the former, then I regret to inform you that under the Philippine constitution, non-Filipinos cannot own land.  Thus, your claim to any share to a “family home” that is land can never prevail.  On the other hand, if the family home is a condo then you could have had a claim.  However, if you can show that the purchase only happened because you lent her the money, then you have a claim against the money.  The debt of money can be claimed but you have to produce a written document that proves the borrowing of the said amount. Cheers,

About Family Law in Tagbilaran, Philippines

Family law in Tagbilaran, Philippines, falls under the national legal framework where the procedures and regulations are largely the same throughout the whole country. Philippines follows a set of laws known as the Family Code of the Philippines, which governs family and marriage in the country. These laws cover areas such as marriage, legal separation, child custody and support, adoption, domestic violence, and property rights amongst others.

Why You May Need a Lawyer

There are various situations in which you may require a lawyer specializing in family law. For example, if you plan to get married and need a prenuptial agreement or if you're going through a divorce and need assistance with asset division or child custody arrangements. You may also need a family lawyer if you're seeking to adopt a child, apply for guardianship of a minor, deal with domestic violence, or if you have any disputes related to family inheritance and property. A lawyer can help you understand your rights, navigate the legal process, and ensure that all procedures are carried out correctly.

Local Laws Overview

The Family Code of the Philippines outlines the legal principles and processes governing family life. The most relevant local law to Family in Tagbilaran would be Republic Act 9262, or the Anti-Violence Against Women and Their Children Act of 2004, which provides protection to women and children against violence and abuse. Annulment of marriages is also a key area in the family law as per the Article 45 of the Family Code. In regards to child custody, the law prioritizes the child's best interest and usually prefers the mother for children under seven years old unless there's a compelling reason otherwise. As for property rights, the Family Code adheres to the Absolute Community of Property regime, meaning all property acquired during the marriage, regardless of who earned it, is considered joint property.

Frequently Asked Questions

1. How can I file for divorce in Tagbilaran?

The Philippines is the only country in the world, aside from the Vatican, which doesn't have a divorce law. As of now, the closest equivalent is an annulment or a legal separation.

2. Who gets child custody in case of separation?

According to Philippine law, a child under the age of seven should not be separated from their mother unless the court finds compelling reasons to order otherwise.

3. Can I get a prenuptial agreement in the Philippines?

Yes, prenuptial agreements are legally recognized in the Philippines, but they must comply with the restrictions under the Civil Code and the Family Code.

4. What is the process of adoption in Tagbilaran?

Adoption is governed by the Child and Youth Welfare Code, and involves a series of steps starting with filing a petition for adoption to the Regional Trial Court.

5. What are grounds for annulment?

There are several grounds for annulment in the Philippines, including psychological incapacity, fraud, force or intimidation, impotence, and contracting marriage without parental consent if a party is under 21.

6. Can fathers get custody of their children?

Yes, fathers can get custody if it's in the best interest of the child and if the court sees valid reasons to grant it.

7. How is property divided during a legal separation?

Generally, Philippine law adheres to the concept of Absolute Community Property, meaning all properties acquired during the marriage are consider conjugal and must be divided equally between the spouses.

8. How does domestic violence law protect women and children?

The Republic Act 9262 aims to protect women and children from physical, sexual, and psychological harm or threats. Violations can lead to imprisonment and/or fines.

9. Can foreigners adopt Filipino children?

Yes. Foreigners can adopt Filipino children as stipulated in the Inter-Country Adoption Act of 1995, but they must meet certain requirements.

10. Can I change my name or my child's name in Tagbilaran?

Yes. Name changes can be requested through a legal procedure that includes filing a petition with a local civil registry.

Additional Resources

Key offices to note in Tagbilaran for family law matters include the Regional Trial Court, City Social Welfare and Development Office, and the Philippine National Police Women and Children's Desk. For legal advice or legal aid, you can contact the Integrated Bar of the Philippines-Bohol Chapter.

Next Steps

If you require legal assistance in family matters, it's advisable to seek a family law attorney who is knowledgeable about local law in Tagbilaran. They can guide you through the procedures, prepare the necessary documents, and provide representation in court if needed. Always ensure to get clarification on attorney fees and keep track of all your legal proceedings.

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