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 Legal Questions answered by Lawyers
Browse our 223 legal questions in Philippines and the lawyer answers, or ask your own questions for free.
- what should i do if i commit disobedience or did not follow protocol in my job?
- I can help you, contact me via WhatsApp: +38970704335Best Regards,
- 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.
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About Hiring a Lawyer in Bacoor, Philippines
Hiring a lawyer in Bacoor, Philippines, is a crucial step in addressing legal concerns effectively. The process generally involves identifying what type of legal service you need, such as criminal defense, family law, or corporate law. To find a qualified lawyer, you can start by asking for recommendations from friends or family or conducting an online search for law firms in the Bacoor area. Once you identify potential candidates, it's important to meet with them to discuss your case, evaluate their experience, and understand their fee structure. Ensure that the lawyer is licensed to practice in the Philippines and is a member of the Integrated Bar of the Philippines (IBP).
Why You May Need a Lawyer
There are several common situations where people in Bacoor may require legal assistance:
- Family Law Matters: Issues such as divorce, child custody, and support cases often require legal intervention.
- Property Disputes: In a growing city like Bacoor, land and property disputes can arise, necessitating expert legal advice.
- Business and Corporate Law: Entrepreneurs may need legal help with starting a business, drafting contracts, or settling business disputes.
- Criminal Charges: Those facing criminal charges may need a defense attorney to represent them in court.
- Labor and Employment Issues: Employees or employers dealing with workplace disputes may need legal counseling.
- Estate Planning: Setting up wills, trusts, and handling inheritance issues often require legal expertise.
Local Laws Overview
Bacoor, like the rest of the Philippines, operates under a mix of civil, criminal, and administrative laws, complemented by local municipal ordinances. Key legal aspects include:
- Civil Law: This covers family law, property disputes, contracts, and obligations.
- Criminal Law: Encompasses crimes against persons, property, public order, and safety, including applicable penalties.
- Business Regulations: Enforced by the Securities and Exchange Commission and other bodies, crucial for enterprises operating in Bacoor.
- Local Ordinances: Bacoor has specific municipal codes covering traffic regulations, environmental standards, and zoning laws.
Frequently Asked Questions
How can I find a reputable lawyer in Bacoor?
Start by asking for recommendations, checking online directories, and consulting the IBP for a list of licensed lawyers.
What should I bring to my initial consultation with a lawyer?
Bring all relevant documents, photographs, receipts, correspondence, and any evidence related to your legal issue.
How are lawyers' fees structured in Bacoor?
Fees can vary widely and may be based on an hourly rate, a fixed fee for specific services, or a contingency fee, particularly in civil cases.
Can a lawyer represent me for any legal matter?
While many lawyers have areas of focus, it's important to hire one specialized in the field relevant to your issue.
What if I cannot afford a lawyer?
You might qualify for free legal aid or pro bono representation. The Public Attorney's Office (PAO) provides such services for eligible individuals.
How long does it typically take to resolve a legal issue?
The duration varies widely depending on the complexity of the case, court schedules, and other factors.
Is negotiation or mediation an option before litigation?
Yes, alternative dispute resolution methods like negotiation and mediation are encouraged to settle disputes amicably.
What is the role of the IBP in the Philippines?
The Integrated Bar of the Philippines is the official organization of all Philippine lawyers, focusing on maintaining legal ethics and standards.
Can I represent myself in court in Bacoor?
While individuals can represent themselves, having a lawyer is advisable due to the complexities and potential consequences of legal proceedings.
How can I verify a lawyer's license to practice?
You can verify a lawyer's credentials through the Integrated Bar of the Philippines or by checking online legal directories.
Additional Resources
For further assistance, consider reaching out to these resources:
- Integrated Bar of the Philippines - Cavite Chapter: Offers resources and listings of practicing lawyers in the area.
- Public Attorney's Office (PAO): Provides free legal assistance to qualified individuals.
- Office of the City Legal Officer, Bacoor: Can offer legal guidance, especially on matters involving local government.
- Department of Justice (DOJ): Offers resources and information on national laws applicable to your case.
Next Steps
If you are in need of legal assistance in Bacoor, begin by identifying your specific legal needs. Gather all necessary documents and start looking for a qualified lawyer familiar with local laws and regulations. Schedule consultations with several lawyers to discuss your case and understand their approach before making a decision. Always ensure they are in good standing with the Integrated Bar of the Philippines. If cost is an issue, look into the possibility of obtaining legal aid through government programs.
Lawzana helps you find the best lawyers and law firms in Bacoor 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, 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.
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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.
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.