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NARAG LAW OFFICE
Dasmarinas, Philippines

Founded in 2015
12 people in their team
Business Banking & Finance Criminal Defense +4 more
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 241 legal questions in Philippines and the lawyer answers, or ask your own questions for free.

Correction of Surname on PSA
Legal Document
Hi,Thank you for reaching out regarding your situation. Allow me to frame the matter clearly and provide a structured path forward.1. Legal ContextUnder Philippine law, the child born during a valid marriage is presumed legitimate (Family Code, Art. 164). This presumption is strong and attaches to the husband of the mother as the legal father, regardless of biological parentage, unless successfully rebutted in court. Consequently, the entry in your PSA birth certificate identifying your mother’s then-husband as your father is not a clerical error but a legal presumption.2. Limitations of Administrative RemediesRepublic Act No. 9048, as amended by R.A. 10172, allows administrative correction of clerical or typographical errors in civil registry entries. However, changes involving paternity and legitimacy fall outside its scope. The civil registrar cannot simply replace or delete the father’s name, nor substitute the surname, because this goes to filiation and civil status, which only the courts can determine.3. Proper Judicial RemedyThe proper course is to file a Petition for Correction of Entry / Cancellation of Father’s Name under Rule 108 of the Rules of Court. This petition will:Seek judicial declaration that the registered father is not your biological father;Present supporting evidence (e.g., DNA, sworn testimonies, public documents showing continuous use of biological father’s surname, etc.); andDirect the Local Civil Registrar and PSA to amend the record accordingly.Note: Since your biological father is already deceased, issues of inheritance and legitimacy may also arise, which makes judicial intervention unavoidable. 
Asking for an advices on what to do
Family
Steps you can take nowContact the nearest Philippine Embassy or Consulate. The Department of Migrant Workers (DMW), in coordination with Philippine embassies, provides assistance for OFWs experiencing abuse. They can connect you with welfare officers and legal aid.Seek legal counsel in the Philippines. Consult a lawyer specializing in family law who can formally evaluate your situation and advise you on the best course of action. They can assist you with filing for nullity of marriage or a protection order. Many law firms and the Public Attorney's Office (PAO) provide legal aid services.Document everything. Keep a record of all relevant details, including:Medical records: Proof of your husband's diagnosis and hospitalization abroad.Financial records: Your remittance receipts, records of your debt, and expenses for your children.Instances of abuse: A journal of all past abusive incidents, including psychological and economic abuse.Prioritize your safety and your children's well-being. Your immediate priority is to ensure your family's safety. Contact local authorities and support services in your country of residence if you are in immediate danger. For assistance in the Philippines, you can contact the Philippine National Police Women and Children's Concerns Division or the Department of Social Welfare and Development (DSWD). Legal grounds to seek freedom from your marriageAnnulment of marriage based on psychological incapacitySince absolute divorce is not yet legal in the Philippines, one of your primary legal options is to petition a Philippine court to have your marriage annulled. This could be based on the psychological incapacity of your husband. Psychological Incapacity: A marriage can be declared void if one or both spouses are unable to perform their essential marital obligations due to a deeply rooted psychological condition that existed at the time of the marriage.Relevance to your case: Your husband's schizophrenia, hospitalization, refusal to take medicine, and history of abuse could be used by a lawyer to build a strong case for psychological incapacity. The Supreme Court has previously nullified marriages based on a spouse's failure to provide emotional support or financial support due to a condition that demonstrates an inability to fulfill marital duties.
Filing a Child Support Case
Child Support
Family
In the Philippines, you can pursue child support against your son's seafarer father by filing a case for support, even if he is not communicating with you. While the failure to pay child support isn't a criminal offense, Republic Act 9262 (Anti-Violence Against Women and Their Children Act) provides for penalties in certain cases, and you can petition the court to increase the support amount if the current payments are insufficient. You may need to consult with a lawyer to help you with the legal process of demanding child support.

About hiring a lawyer in Dasmarinas, Philippines:

Hiring a lawyer in Dasmarinas, Philippines involves finding a qualified and experienced legal professional to assist you with your legal matters. It is important to do research, ask for referrals, and schedule consultations to find the right lawyer for your specific needs.

Why You May Need a Lawyer:

Common situations where you may need a lawyer in Dasmarinas, Philippines include personal injury cases, family law matters, real estate transactions, business disputes, and criminal defense. A lawyer can provide valuable legal advice, represent you in court, and help you navigate the complex legal system.

Local Laws Overview:

In Dasmarinas, Philippines, lawyers are well-versed in the local laws that govern various aspects of life, including business, family, property, and criminal law. It is important to work with a lawyer who understands the local legal landscape and can provide you with the best legal representation.

Frequently Asked Questions:

1. How do I find a reputable law firm in Dasmarinas, Philippines?

It is recommended to ask for referrals from friends or family, research online, and schedule consultations with multiple law firms to find the right one for your needs.

2. What are the common fees associated with hiring a lawyer in Dasmarinas, Philippines?

Lawyers in Dasmarinas, Philippines may charge an hourly rate, a flat fee, or a contingency fee depending on the type of legal matter. It is important to discuss fees and payment options with your lawyer before hiring them.

3. How long does it take to resolve a legal issue in Dasmarinas, Philippines?

The timeline for resolving a legal issue in Dasmarinas, Philippines can vary depending on the complexity of the case, court proceedings, and other factors. It is best to discuss the timeline with your lawyer for an estimate.

4. Can I represent myself in court in Dasmarinas, Philippines?

While it is possible to represent yourself in court, it is highly recommended to hire a lawyer in Dasmarinas, Philippines who can provide you with legal expertise and guidance throughout the legal process.

5. What qualifications should I look for in a lawyer in Dasmarinas, Philippines?

When hiring a lawyer in Dasmarinas, Philippines, look for qualifications such as experience, expertise in the relevant area of law, good communication skills, and a track record of successful cases.

6. How do I know if I need to hire a lawyer for my legal issue?

If you are unsure whether you need a lawyer for your legal issue in Dasmarinas, Philippines, it is best to schedule a consultation with a lawyer to discuss your situation and receive legal advice.

7. What is the role of a lawyer in Dasmarinas, Philippines?

A lawyer in Dasmarinas, Philippines can provide legal advice, represent you in court, negotiate on your behalf, draft legal documents, and help you navigate the legal system to achieve the best possible outcome for your case.

8. What should I expect during the initial consultation with a lawyer in Dasmarinas, Philippines?

During the initial consultation with a lawyer in Dasmarinas, Philippines, you can expect to discuss your legal issue, ask questions, receive legal advice, and determine if the lawyer is the right fit for your case.

9. Can I change lawyers in the middle of my case in Dasmarinas, Philippines?

It is possible to change lawyers in the middle of your case in Dasmarinas, Philippines if you are not satisfied with your current lawyer. However, it is important to consider the implications and discuss your decision with both lawyers.

10. How can I ensure confidentiality and privacy when working with a lawyer in Dasmarinas, Philippines?

Lawyers in Dasmarinas, Philippines are bound by strict confidentiality rules known as attorney-client privilege, which ensures that your communications with your lawyer are confidential. It is important to discuss privacy concerns with your lawyer before sharing any sensitive information.

Additional Resources:

For additional resources and information on legal matters in Dasmarinas, Philippines, you can contact the Integrated Bar of the Philippines, the Supreme Court of the Philippines, and the Philippine Bar Association.

Next Steps:

If you need legal assistance in Dasmarinas, Philippines, start by researching local law firms, scheduling consultations, and discussing your legal issue with a qualified lawyer. Remember to ask questions, discuss fees, and choose a lawyer who can provide you with the best legal representation for your case.

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