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J.M.PATRON & Associates Law Office
Lipa City, Philippines

Founded in 2007
4 people in their team
English
PROFESSIONAL SERVICES OFFERED: ● BUSINESS & CORPORATE ● ADOPTION ● MARRIAGE & FAMILY RELATIONS ● REALTY TRANSACTION AND LAND REGISTRATION ● ESTATE AND INHERITANCE ● LABOR ● LITIGATION ● NOTARIAL ● LEGAL CONSULTANCY ASSISTANCE IN:LAND SURVEY   TRANSFER...
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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 Lipa City, Philippines

Hiring a lawyer in Lipa City follows a structured process similar to other areas in the Philippines. To start, individuals should identify their legal needs and seek referrals or recommendations for reputable lawyers or law firms. Initial consultations can help assess the lawyer's expertise, experience, and whether they meet one's specific legal needs. It is crucial to understand the fee structure, including consultation fees, retainer agreements, and potential additional costs. Make sure to verify the lawyer’s credentials and reputation by visiting the Integrated Bar of the Philippines’ website or directly contacting the local chapter.

Why You May Need a Lawyer

There are many situations where hiring a lawyer in Lipa City can be beneficial. Common reasons include issues of family law such as annulment or child custody, property disputes, settlement of estates, and business-related legal matters like setting up a corporation or handling taxation concerns. Moreover, those facing criminal charges, experiencing employment disputes, or involved in contractual disagreements may find legal assistance indispensable. Lawyers can also assist in navigating complex legal systems and ensuring that their clients’ rights are protected throughout any legal proceedings.

Local Laws Overview

Lipa City, as part of the Philippines, follows national laws but also adheres to specific local ordinances that can be unique to the region. For instance, local regulations concerning real estate and property taxes, business permits, and licensing requirements are crucial for lawyers practicing in the city. Additionally, environmental laws and zoning ordinances are significant in this region due to Lipa's agricultural land and urban development. Understanding the interplay between national statutes and local ordinances is essential for legal professionals working in Lipa City.

Frequently Asked Questions

1. What should I consider when choosing a lawyer in Lipa City?

Consider the lawyer's area of expertise, experience, reputation, and fee structure. It's also important to feel comfortable communicating with them.

2. Can I settle legal issues without going to court?

Yes, many legal issues can be settled out of court through negotiation, mediation, or arbitration, which can be less expensive and faster.

3. How are legal fees typically structured in Lipa City?

Fees can be structured as flat rates, hourly rates, or contingency fees depending on the nature of the legal service required. Ensure all fees are transparent and agreed upon in writing.

4. How long does it typically take to resolve a legal case?

Duration varies depending on case complexity, court schedules, and negotiation lengths. Simple cases might resolve in a few weeks, while complicated ones can take years.

5. What is the role of the Integrated Bar of the Philippines in legal matters?

It is the official organization for Philippine lawyers, overseeing professional conduct, accreditation, and provides resources for legal assistance.

6. Are there legal aid services available in Lipa City?

Yes, the Public Attorney’s Office provides free legal services to indigent clients. Some private organizations also offer pro bono services.

7. What documentation should I prepare before meeting a lawyer?

Prepare all relevant legal documents, contracts, correspondence, financial records, and personal identification to provide your lawyer with all necessary information.

8. Can lawyers in Lipa City practice in other cities or provinces?

Yes, lawyers in the Philippines can practice nationwide, but familiarity with local ordinances is crucial for resolving region-specific issues.

9. How do I verify a lawyer’s credentials?

Check with the Integrated Bar of the Philippines or consult local bar chapters for confirmation of a lawyer’s credentials and good standing.

10. What are some red flags to watch out for when hiring a lawyer?

Be wary of lawyers who guarantee outcomes, are evasive about fees, or have negative reviews or disciplinary issues with the bar association.

Additional Resources

For further assistance, consider reaching out to governmental bodies such as the Lipa City Hall or the nearest Public Attorney's Office for legal advice and services. Additionally, non-governmental organizations often provide community-based legal aid and advice.

Next Steps

If you require legal assistance in Lipa City, start by identifying the type of legal issue you are facing. Conduct research to find a lawyer or law firm specializing in the relevant area of law. Reach out for an initial consultation to discuss your case and understand the legal options and costs. Make sure you gather and organize all relevant documents to present your case effectively to your legal counsel.

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