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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.
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About hiring a lawyer in Ormoc City, Philippines:
Hiring a lawyer in Ormoc City, Philippines is a straightforward process. You can start by researching reputable law firms in the area and scheduling consultations to discuss your legal needs. It's essential to choose a lawyer who specializes in the area of law that pertains to your case to ensure you receive the best possible representation.
Why You May Need a Lawyer:
There are several situations where you may require legal help in Ormoc City, Philippines, such as drafting legal documents, resolving disputes, navigating the legal system, or representing you in court. Having a lawyer by your side can provide you with expert guidance and ensure your rights are protected.
Local Laws Overview:
In Ormoc City, Philippines, lawyers are well-versed in various aspects of local laws, including civil law, family law, criminal law, and business law. It's crucial for lawyers in Ormoc City to stay up-to-date with any changes in legislation to provide their clients with accurate legal advice and representation.
Frequently Asked Questions:
Q: How do I choose the right law firm in Ormoc City, Philippines?
A: When selecting a law firm, consider their experience, reputation, and expertise in the area of law that pertains to your case.
Q: How much does it cost to hire a lawyer in Ormoc City, Philippines?
A: Legal fees can vary depending on the complexity of your case and the law firm you choose. It's essential to discuss fees and payment options with your lawyer upfront.
Q: Can lawyers in Ormoc City handle cases outside the city?
A: Yes, lawyers in Ormoc City can handle cases outside the city and even represent clients in other parts of the country.
Q: How long does it take to resolve a legal matter in Ormoc City, Philippines?
A: The timeframe for resolving a legal matter can vary depending on the complexity of the case and the legal procedures involved.
Q: Can I represent myself in court in Ormoc City, Philippines?
A: While you have the right to represent yourself in court, it's recommended to hire a lawyer to ensure you receive proper legal guidance and representation.
Additional Resources:
If you need legal advice in Ormoc City, Philippines, you can contact the Integrated Bar of the Philippines (IBP) Ormoc Chapter or the local Legal Aid office for assistance. These organizations can provide you with valuable resources and connect you with experienced lawyers who can help with your legal needs.
Next Steps:
If you require legal assistance in Ormoc City, Philippines, start by researching reputable law firms in the area and scheduling consultations to discuss your case. Be sure to ask about their experience, fees, and approach to handling your legal matter. With the right lawyer by your side, you can navigate the legal system with confidence and peace of mind.
Lawzana helps you find the best lawyers and law firms in Ormoc 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.
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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.
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.