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Villa and Cruz, Attorneys-at-Law

Villa and Cruz, Attorneys-at-Law

15 minutes Free Consultation
Central, Philippines

Founded in 2018
12 people in their team
English
Tagalog
VILLA & CRUZ, ATTORNEYS-AT-LAW is a full-service firm founded upon the ideal of providing quality legal counsel and service. The Firm started out as Villa and Associates in July 2000, then grew to its current partnership as established on 10 July 2018.  The Firm presently has a core...
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Philippines Legal Questions answered by Lawyers

Browse our 222 legal questions 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.
Can a lessor terminate our contract of lease because he changed his mind?
Landlord & Tenant
Good day from Recososa Law Firm!Based on your account, the unilateral termination of the lease by the lessor despite a binding agreement until 2035 is not legally justified under Philippine law. Even if the contract does not mention the underlying debt, the lease agreement itself is a valid and enforceable contract under Article 1305 of the Civil Code, which defines a contract as a meeting of minds between two persons whereby one binds himself to give something or to render some service.a.) Under Article 1306 of the Civil Code, parties may establish such stipulations as they may deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy. Since the lease contract clearly states a fixed term and rental rate, the lessor cannot simply revoke it at will due to a change of mind. Any attempt to do so may constitute breach of contract.b.) Even if the lease served to compensate for the unpaid debt, the contract remains valid and binding unless it is shown that consent was vitiated by fraud or mistake. Your rights as a lessee are further protected by Article 1673 of the Civil Code, which limits the grounds for judicial ejectment. None of those grounds include the lessor’s change of intent.c.) In your case, you may file an action for specific performance with damages or an injunction to restrain the lessor from unlawfully evicting you. Since the lease is for a definite period, you have the right to enjoy peaceful possession of the property until 2035. The law on contracts upholds the principle of mutuality, meaning one party cannot revoke the obligation without valid cause.d.) If the lessor forcibly takes steps to evict you, you may also consider filing an action for injunction or even unlawful detainer if possession is disturbed, and you may claim for actual damages and attorney’s fees under Article 2201 of the Civil Code.We strongly advise that you hire us so we can carefully examine your lease contract and file the necessary legal remedies to protect your tenancy rights and enforce the long-term lease agreement. 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 prepared to assist you in asserting and protecting your legal rights.

About Hiring a Lawyer in Central, Philippines

Hiring a lawyer in Central, Philippines involves several steps to ensure you select someone who is well-suited to your needs. It's essential to start with understanding your legal issue and seeking recommendations from trusted sources. Initially, you may consult with potential lawyers to discuss your case, their experience, and their fees. It is important to choose a lawyer who is registered with the Integrated Bar of the Philippines and has good standing. Additionally, discussing and agreeing upon the terms of their representation, including fees and scope of work, is crucial before formally engaging their services.

Why You May Need a Lawyer

There are several common situations where you might need legal assistance in Central, Philippines:

  • Family law matters such as annulment, child custody, or support issues.
  • Real estate transactions, including buying, selling, or leasing property.
  • Criminal defense for charges such as theft, assault, or other offenses.
  • Business-related legal matters, including contracts, labor disputes, and taxation issues.
  • Immigration services or visa applications.
  • Personal injury claims or cases involving compensation for accidents.
  • Estate planning and handling probate issues.

Local Laws Overview

In Central, Philippines, the legal framework is based on civil law influenced by Spanish and American legal systems. Some key laws include:

  • Civil Code: Governs personal and family relations, property, contracts, and obligations.
  • Criminal Code: Addresses offenses, punishments, and procedures for criminal cases.
  • Family Code: Covers aspects related to marriage, family, and children.
  • Labor Code: Deals with labor practices, employee rights, and employer obligations.
  • Local Government Code: Provides the foundation for local government structure and function.
  • Real Estate Laws: Includes regulations on property ownership, transfers, and tenant rights.

Frequently Asked Questions

How do I verify if a lawyer is licensed to practice in the Philippines?

Verify a lawyer's credentials by checking their enrollment with the Integrated Bar of the Philippines (IBP). You can contact the IBP or visit their official website for this information.

What should I consider when choosing a lawyer?

Consider the lawyer’s experience in relevant legal matters, reputation, communication skills, fees, and their ability to understand your cultural and personal context.

Are there free legal services available in Central, Philippines?

Yes, services such as the Public Attorney’s Office (PAO) provide free legal assistance to individuals who meet certain income criteria.

What are typical legal fees in Central, Philippines?

Legal fees can vary widely based on the complexity of the case, the lawyer's experience, and their practice location. Always discuss fees upfront.

Can a lawyer represent me in areas outside their local jurisdiction?

Yes, lawyers in the Philippines can practice nationwide but may have to comply with certain local court rules when representing clients outside their home jurisdiction.

How long does it take to resolve common legal issues?

Resolution time varies; simple matters may take weeks to months, while complex cases can take years, depending on their nature and jurisdictional backlog.

What is the role of a Notary Public in the Philippines?

A Notary Public authenticates documents, administers oaths, and performs other acts necessary for documentation, similar to their role in other jurisdictions.

Is mediation or arbitration available in Central, Philippines?

Yes, alternative dispute resolution methods such as mediation and arbitration are encouraged to avoid lengthy court procedures.

How can I find out more about my legal issue?

Research local laws, visit government sites like the Department of Justice for reliable information, or consult with a legal professional for guidance.

What should I bring to my first consultation with a lawyer?

Bring any relevant documents related to your legal issue, personal identification, and a list of questions related to your case.

Additional Resources

Consider the following resources for further assistance:

  • Department of Justice - Philippines
  • Integrated Bar of the Philippines
  • Local government offices and the Public Attorney's Office can provide valuable support and information.

Next Steps

If you need legal assistance in Central, Philippines:

  1. Identify your specific legal needs.
  2. Research and list potential lawyers or law firms that specialize in your area of concern.
  3. Schedule consultations to discuss your case and evaluate their expertise and approach.
  4. Decide on a lawyer, agree on terms of service, and begin the legal process with their guidance.
  5. Stay informed and engaged throughout the process to ensure your best interests are represented.
Lawzana helps you find the best lawyers and law firms in Central 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. Get a quote from top-rated law firms in Central, 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.