Best Lawyers in Paranaque City
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List of the best lawyers in Paranaque 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 Paranaque City, Philippines:
When looking to hire a lawyer in Paranaque City, Philippines, it is important to do your research and find a reputable law firm or individual lawyer with experience in the specific area of law you require assistance in. You can start by asking for recommendations from friends or family, checking online reviews, or contacting the Integrated Bar of the Philippines (IBP) for a list of licensed attorneys in your area.
Why You May Need a Lawyer:
There are various situations where you may need legal help in Paranaque City, Philippines, such as drafting and reviewing contracts, handling family law matters like divorce or child custody, settling disputes, or seeking legal representation in court. A lawyer can provide guidance, support, and representation to ensure your rights are protected and your best interests are served.
Local Laws Overview:
In Paranaque City, Philippines, lawyers are well-versed in the local laws and regulations that govern various aspects of life, including civil, criminal, labor, and commercial laws. They can help you navigate the legal system, understand your rights and obligations, and provide sound legal advice tailored to your specific needs.
Frequently Asked Questions:
1. How do I find a reputable law firm in Paranaque City, Philippines?
You can start by asking for recommendations from friends or family, checking online reviews, or contacting the Integrated Bar of the Philippines (IBP) for a list of licensed attorneys in your area.
2. What are the typical fees for hiring a lawyer in Paranaque City, Philippines?
Legal fees can vary depending on the complexity of the case, the experience of the lawyer, and the type of legal services required. It is important to discuss fees upfront and ensure you have a clear understanding of the cost structure before proceeding.
3. How long does it take to resolve a legal matter in Paranaque City, Philippines?
The timeline for resolving a legal matter can vary depending on the complexity of the case, the court's schedule, and the parties involved. A lawyer can provide you with an estimated timeline based on the specifics of your case.
4. Can I represent myself in court in Paranaque City, Philippines?
While you have the right to represent yourself in court, it is highly recommended to seek legal representation to ensure your rights are protected and your best interests are served. A lawyer can provide you with the expertise and guidance needed to navigate the legal system effectively.
5. What should I look for when hiring a lawyer in Paranaque City, Philippines?
When hiring a lawyer, consider their experience, expertise in the relevant area of law, track record of success, communication style, and fee structure. It is important to choose a lawyer who you feel comfortable working with and who has your best interests at heart.
6. Can a lawyer help me with business matters in Paranaque City, Philippines?
Yes, lawyers in Paranaque City can provide legal assistance with a wide range of business matters, including business formation, contracts, intellectual property rights, regulatory compliance, and dispute resolution. They can help you navigate the legal complexities of running a business in the Philippines.
7. How can I verify if a lawyer is licensed to practice in Paranaque City, Philippines?
You can verify if a lawyer is licensed to practice in the Philippines by contacting the Integrated Bar of the Philippines (IBP) or checking their official website. It is important to work with a licensed lawyer to ensure you are receiving legal advice from a qualified professional.
8. What should I expect during the initial consultation with a lawyer in Paranaque City, Philippines?
During the initial consultation, you can expect to discuss your legal issue, ask questions, and receive an assessment of your case. The lawyer will provide you with information on their background, experience, and approach to handling your case. It is an opportunity for you to evaluate if the lawyer is the right fit for your needs.
9. Can a lawyer help me with immigration matters in Paranaque City, Philippines?
Yes, lawyers in Paranaque City can provide legal assistance with a wide range of immigration matters, including visa applications, residency status, citizenship, deportation defense, and other immigration-related issues. They can help you navigate the legal requirements and procedures involved in immigration matters.
10. How can I file a complaint against a lawyer in Paranaque City, Philippines?
If you have a complaint against a lawyer in Paranaque City, you can contact the Integrated Bar of the Philippines (IBP) or the Supreme Court of the Philippines to file a formal complaint. It is important to address any concerns you have about a lawyer's conduct or legal services to ensure accountability and protection for clients.
Additional Resources:
For additional resources and assistance with legal matters in Paranaque City, Philippines, you can contact the Integrated Bar of the Philippines (IBP), the Supreme Court of the Philippines, the Department of Justice, or local legal aid organizations. These resources can provide you with valuable information, support, and referrals to qualified lawyers in your area.
Next Steps:
If you require legal assistance in Paranaque City, Philippines, it is important to take action promptly and seek guidance from a qualified lawyer. Start by researching reputable law firms or individual lawyers, scheduling consultations, and discussing your legal needs and concerns. A lawyer can provide you with the expertise, support, and representation needed to navigate the legal system effectively and achieve a favorable outcome in your case.
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.