Best Lawyers in Davao City
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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
- 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
- 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
- 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 Davao City, Philippines
When hiring a lawyer in Davao City, Philippines, it is essential to do thorough research to find the right fit for your legal needs. You can start by asking for recommendations from family and friends or searching online for law firms in the area. Once you have identified potential lawyers, schedule consultations to discuss your case and determine their expertise in the relevant legal area.
Why You May Need a Lawyer
There are various situations where you may require legal help in Davao City, Philippines, such as criminal charges, family disputes, civil cases, business transactions, and more. A lawyer can provide you with legal advice, represent you in court, draft legal documents, negotiate settlements, and protect your rights throughout the legal process.
Local Laws Overview
Davao City, Philippines, follows the Philippine legal system, which is governed by the Constitution, statutes, and regulations enacted by the national and local government. Common legal issues in Davao City include land disputes, labor disputes, business registration, criminal charges, and family matters. It is essential to consult with a lawyer who is familiar with local laws to ensure proper legal representation.
Frequently Asked Questions
1. How do I find a reliable law firm in Davao City, Philippines?
To find a reliable law firm in Davao City, you can ask for recommendations, research online, check the firm's credentials and experience, and schedule consultations to assess their compatibility with your legal needs.
2. What are the typical fees for hiring a lawyer in Davao City, Philippines?
The fees for hiring a lawyer in Davao City vary depending on the complexity of the case, the lawyer's experience, and the firm's billing structure. It is recommended to discuss fees upfront and sign a written agreement outlining the terms of the legal representation.
3. Can I hire a lawyer for a specific legal issue only?
Yes, you can hire a lawyer in Davao City for a specific legal issue, such as drafting a contract, handling a court case, or providing legal advice. Ensure to communicate your requirements clearly to the lawyer during the initial consultation.
4. How long does it take to resolve a legal matter in Davao City, Philippines?
The time to resolve a legal matter in Davao City varies depending on the complexity of the case, court procedures, and the parties involved. Your lawyer can provide you with an estimated timeline based on the specifics of your case.
5. Can a lawyer represent me in court in Davao City, Philippines?
Yes, a lawyer in Davao City can represent you in court proceedings, hearings, trials, and other legal matters. Having legal representation is crucial to ensure your rights are protected and advocate for your interests effectively.
6. What documents do I need to provide to my lawyer in Davao City?
You may need to provide relevant documents related to your case, such as contracts, agreements, court notices, receipts, statements, and any other paperwork that can support your legal matter. Your lawyer will guide you on the specific documents needed for your case.
7. Can I change my lawyer during the course of my legal proceedings in Davao City?
Yes, you have the right to change your lawyer in Davao City if you are not satisfied with their services or feel they are not representing your interests effectively. It is important to discuss your concerns with your current lawyer and follow the proper procedure for changing legal representation.
8. How can I file a complaint against a lawyer in Davao City, Philippines?
If you have a complaint against a lawyer in Davao City, you can contact the Integrated Bar of the Philippines (IBP) or the Supreme Court for assistance. It is essential to provide detailed information and evidence to support your complaint against the lawyer.
9. Can I get free legal advice in Davao City, Philippines?
There are legal aid organizations in Davao City that provide free legal advice and assistance to indigent individuals who cannot afford legal services. You can inquire about these organizations and their services to determine if you are eligible for free legal advice.
10. How do I know if a lawyer in Davao City is credible and reputable?
You can verify a lawyer's credibility and reputation by checking their licenses, certifications, client reviews, case results, and professional affiliations. It is important to do your due diligence before hiring a lawyer to ensure you are working with a reputable legal professional.
Additional Resources
For additional resources and information on legal services in Davao City, you can contact the Davao Chapter of the Integrated Bar of the Philippines (IBP), the Davao City Hall Legal Department, the Department of Justice - Davao Region, and other legal aid organizations in the area.
Next Steps
If you need legal assistance in Davao City, Philippines, start by researching law firms, scheduling consultations, discussing your case with a lawyer, and signing a written agreement for legal representation. Be prepared to provide relevant documents, follow your lawyer's advice, and stay informed about the progress of your legal matter to achieve a successful outcome.
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.