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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 Manila, Philippines:
Hiring a lawyer in Manila, Philippines, can be a crucial decision when you are facing legal issues. It is essential to find a lawyer with expertise in the specific area of law that pertains to your case. The process typically involves researching potential law firms, scheduling consultations, discussing fees, and ultimately selecting a lawyer who you feel comfortable working with.
Why You May Need a Lawyer:
There are several common situations where people may require legal help in Manila, Philippines, such as dealing with real estate transactions, drafting and reviewing contracts, resolving family disputes, navigating business regulations, handling criminal charges, and seeking compensation for personal injuries. Having a lawyer by your side can provide you with legal guidance, protect your rights, and ensure that your best interests are represented.
Local Laws Overview:
In Manila, Philippines, lawyers are well-versed in a wide range of laws, including civil law, criminal law, family law, labor law, and business law. It is important to understand that Philippine laws are based on the country's legal system, which combines elements of Spanish civil law and American common law. Lawyers in Manila are required to adhere to the rules and regulations set by the Integrated Bar of the Philippines (IBP) and maintain ethical standards in their practice.
Frequently Asked Questions:
1. How do I choose the right lawyer for my case?
It is essential to consider the lawyer's expertise, experience, reputation, and communication style when choosing a legal representative in Manila, Philippines. Additionally, you may want to schedule consultations with multiple lawyers to assess their compatibility with your needs.
2. What are the legal fees I should expect to pay?
Legal fees in Manila, Philippines, can vary depending on the complexity of your case, the lawyer's experience, and the billing structure. It is advisable to discuss fee arrangements, including hourly rates, flat fees, or contingency fees, with your lawyer before engaging their services.
3. How long will my case take to resolve?
The timeline for resolving a legal case in Manila, Philippines, can vary depending on the nature of the issue, the legal process involved, and the court's schedule. Your lawyer can provide you with an estimated timeline based on their experience with similar cases.
4. What should I expect during the legal process?
During the legal process in Manila, Philippines, you can expect your lawyer to explain the relevant laws, guide you through court procedures, gather evidence, communicate with opposing parties, negotiate settlements, and represent you in court, if necessary.
5. Can I represent myself in court without a lawyer?
While you have the right to represent yourself in court, it is often advisable to seek legal representation in Manila, Philippines, to ensure that your rights are protected, and your case is presented effectively. Lawyers have the expertise and experience to navigate the legal system on your behalf.
6. How can I verify a lawyer's credentials in Manila, Philippines?
You can verify a lawyer's credentials in Manila, Philippines, by checking the official website of the Integrated Bar of the Philippines (IBP), contacting the Supreme Court of the Philippines, or requesting references from the lawyer's previous clients.
7. What are the ethical standards for lawyers in Manila, Philippines?
Lawyers in Manila, Philippines, are required to adhere to the Code of Professional Responsibility set by the IBP, which outlines the ethical duties and responsibilities of legal practitioners. Violations of ethical standards can result in disciplinary actions by the IBP.
8. Can I switch lawyers during my case?
If you are dissatisfied with your current lawyer in Manila, Philippines, you have the right to terminate the attorney-client relationship and engage a new lawyer. It is essential to communicate your decision clearly and resolve any outstanding fees or issues before transitioning to a new lawyer.
9. Will my conversations with my lawyer be confidential?
In Manila, Philippines, communications between a lawyer and their client are generally considered confidential under the attorney-client privilege. This means that your lawyer is obligated to keep your discussions private and cannot disclose them without your consent, except in specific circumstances defined by law.
10. How can I reach out to a lawyer for legal advice in Manila, Philippines?
You can reach out to a lawyer for legal advice in Manila, Philippines, by scheduling a consultation through their law firm's website, contacting their office by phone or email, or seeking referrals from friends, family, or professional organizations.
Additional Resources:
For additional legal resources and assistance in Manila, Philippines, you can contact the Integrated Bar of the Philippines (IBP), the Supreme Court of the Philippines, the Philippine Bar Association, and local legal aid organizations. These institutions can provide information, referrals, and support for individuals in need of legal advice.
Next Steps:
If you require legal assistance in Manila, Philippines, consider reaching out to a reputable law firm specializing in the area of law that pertains to your case. Schedule consultations with multiple lawyers to discuss your legal needs, evaluate your options, and make an informed decision on hiring a lawyer to represent you. Remember to clarify fee arrangements, timelines, and expectations with your chosen lawyer to ensure a smooth legal process.
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.