Best Lawyers in Marikina City
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List of the best lawyers in Marikina City, Philippines
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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 Marikina City, Philippines:
When seeking legal advice or representation in Marikina City, Philippines, it is essential to hire a qualified and experienced lawyer. You can find reputable law firms in the area that specialize in various areas of law to meet your specific needs. It is important to schedule a consultation with a lawyer to discuss your legal issues and determine the best course of action.
Why You May Need a Lawyer:
There are several situations where you may require legal assistance in Marikina City, Philippines, such as personal injury claims, family law matters, estate planning, business transactions, and criminal defense. A lawyer can help you navigate the complex legal system, protect your rights, and ensure that your interests are represented.
Local Laws Overview:
Marikina City, Philippines, is governed by various local laws and regulations that may impact legal matters. Some key aspects of local laws include property rights, labor laws, traffic regulations, and zoning ordinances. It is essential to consult with a lawyer who is familiar with the specific laws in Marikina City to ensure that your legal issues are handled appropriately.
Frequently Asked Questions:
1. How do I find a reputable law firm in Marikina City, Philippines?
You can ask for recommendations from friends or family, search online directories, or contact the Marikina City Bar Association for referrals.
2. What are the typical fees for hiring a lawyer in Marikina City, Philippines?
Legal fees can vary depending on the complexity of the case and the lawyer's experience. It is best to discuss fees upfront with your lawyer.
3. How long does it take to resolve a legal issue in Marikina City, Philippines?
The timeline for resolving a legal issue can vary depending on the nature of the case and the court's schedule. Your lawyer can provide an estimate based on your specific circumstances.
4. Can I represent myself in court in Marikina City, Philippines?
While you have the right to represent yourself, it is recommended to hire a lawyer to ensure your legal rights are protected and your case is presented effectively.
5. Are there free legal services available in Marikina City, Philippines?
There are free legal clinics and pro bono services available in Marikina City for individuals who cannot afford legal representation.
6. What should I bring to my initial consultation with a lawyer in Marikina City, Philippines?
You should bring any relevant documents, such as contracts, court papers, and correspondence related to your case, to your initial consultation.
7. Can I change lawyers during my case in Marikina City, Philippines?
Yes, you have the right to change lawyers at any time during your case. It is important to notify the court and your previous lawyer of the change.
8. How do I know if a lawyer is qualified to handle my case in Marikina City, Philippines?
You can verify a lawyer's qualifications and credentials with the Integrated Bar of the Philippines or the Marikina City Bar Association.
9. What are the most common legal issues in Marikina City, Philippines?
Common legal issues in Marikina City include land disputes, family law matters, labor disputes, and contract disagreements.
10. How can I file a complaint against a lawyer in Marikina City, Philippines?
You can file a complaint against a lawyer with the Integrated Bar of the Philippines or the Marikina City Bar Association for any misconduct or unethical behavior.
Additional Resources:
For additional resources and information on legal services in Marikina City, Philippines, you can contact the Marikina City Bar Association, the Public Attorney's Office, or the Department of Justice.
Next Steps:
If you require legal assistance in Marikina City, Philippines, you should schedule a consultation with a reputable law firm to discuss your case and explore your options. It is essential to seek advice from a qualified lawyer to ensure that your legal rights are protected and that your case is handled effectively.
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.