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NARAG LAW OFFICE

NARAG LAW OFFICE

Tuguegarao City, Philippines

Founded in 2015
12 people in their team
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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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 Tuguegarao City, Philippines:

Family law in Tuguegarao City, Philippines, refers to the legal principles and regulations that govern the various aspects of family relationships, marriage, divorce, child custody, adoption, and other related matters. These laws aim to protect the rights and welfare of individuals within a family unit and resolve disputes in a fair and just manner.

Why You May Need a Lawyer:

You may require the assistance of a lawyer in family matters due to various reasons, such as:

  • Divorce or Legal Separation: A lawyer can guide you through the complex process of divorce or legal separation, ensuring your rights are protected and helping you reach a fair settlement.
  • Child Custody and Support: If you are facing issues related to child custody or child support, a lawyer can help you understand your rights, negotiate agreements, or litigate in court if necessary.
  • Adoption: Adopting a child in Tuguegarao City involves legal procedures, and an attorney can support you throughout the adoption process, ensuring compliance with the necessary requirements.
  • Property Division: In the event of a divorce or legal separation, a lawyer can assist in dividing assets and debts in a manner that aligns with legal principles.
  • Paternity Issues: If there are disputes concerning the paternity of a child, seeking legal guidance can help establish or challenge paternity, determine parental rights, and determine child support obligations.

Local Laws Overview:

Key aspects of family law in Tuguegarao City, Philippines, include:

  • Marriage: The legal age of marriage is 18 years old. Both parties must freely consent and go through the marriage license application process.
  • Divorce and Legal Separation: Divorce is not legal in the Philippines, but legal separation can be sought under certain circumstances.
  • Child Custody: Family courts prioritize the best interests of the child when determining custody, considering factors such as the child's welfare and the ability of each parent to provide care.
  • Child Support: Both parents have an obligation to support their children financially, and child support amounts are determined based on the needs of the child and the financial capacity of the parents.
  • Adoption: Adoption procedures must be compliant with the requirements set by the Department of Social Welfare and Development (DSWD) and other relevant government agencies.

Frequently Asked Questions:

Q: How can I obtain a divorce in Tuguegarao City?

A: Divorce is not permitted in the Philippines. However, legal separation is possible in certain cases if one can prove grounds such as abandonment, infidelity, or abuse.

Q: Can I modify child custody arrangements?

A: Child custody arrangements can be modified if there are substantial changes in circumstances affecting the welfare of the child. It is advisable to seek legal advice to navigate the legal process.

Q: What factors are considered in determining child custody?

A: The court considers various factors including the child's age, physical and emotional needs, each parent's ability to care for the child, and the child's preference if deemed appropriate.

Q: How is child support calculated?

A: Child support is calculated based on the needs of the child and the financial capacity of both parents. The court carefully considers the income, earning capacity, and other relevant factors of each parent.

Q: What are the requirements for adoption in Tuguegarao City?

A: Adoption requirements include filing a petition, undergoing adoption seminars, submitting documents proving eligibility, home visits, and obtaining clearances from the DSWD and other government agencies.

Additional Resources:

If you need legal advice or assistance related to family matters in Tuguegarao City, you can consider reaching out to:

  • Tuguegarao City Family Court
  • Tuguegarao City Public Attorney's Office
  • Tuguegarao City Integrated Bar of the Philippines (IBP) chapter

Next Steps:

If you require legal assistance in family matters, it is recommended to follow these steps:

  1. Identify the specific issue or concern related to your family matter.
  2. Research and compile relevant documents and information.
  3. Contact a reputable lawyer or legal service provider specialized in family law.
  4. Schedule a consultation to discuss your case and seek legal advice.
  5. Follow your lawyer's guidance and instructions to navigate the legal process effectively.
Lawzana helps you find the best lawyers and law firms in Tuguegarao City 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 Tuguegarao City, 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.