Best Lawyers in Pasig
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Philippines Legal Questions answered by Lawyers
Browse our 242 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.Atty. Mario P Narag, Jr, CPA, REB, REA 09189395137www.naraglawoffice.com
- 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. We can help youAtty. Mario P. Narag, Jr, CPA, REB, REA09189395137 www.naraglawoffice.com
About hiring a lawyer in Pasig, Philippines:
Hiring a lawyer in Pasig, Philippines, involves finding a reputable law firm or attorney who specializes in the area of law that pertains to your legal issue. It is important to do thorough research, read reviews, and schedule consultations to ensure you find the right lawyer for your needs.
Why You May Need a Lawyer:
There are various situations in which you may need a lawyer in Pasig, Philippines, such as real estate transactions, family law matters, business disputes, criminal defense, and more. A lawyer can provide legal advice, represent you in court, draft legal documents, and negotiate on your behalf.
Local Laws Overview:
In Pasig, Philippines, lawyers are well-versed in the country's legal system, which is based on a combination of civil law and common law principles. Local laws may vary depending on the issue at hand, so it is important to consult with a lawyer who has experience in the specific area of law you require assistance with.
Frequently Asked Questions:
1. How do I find a reputable law firm in Pasig?
To find a reputable law firm in Pasig, you can ask for recommendations from friends or family, search online directories, or contact the Integrated Bar of the Philippines for a list of licensed lawyers in the area.
2. How much does it cost to hire a lawyer in Pasig?
The cost of hiring a lawyer in Pasig varies depending on the complexity of the case, the lawyer's experience, and the type of legal services needed. It is important to discuss fees and payment terms with your lawyer upfront.
3. What should I look for in a lawyer in Pasig?
When hiring a lawyer in Pasig, look for someone who has experience in the area of law relevant to your case, has a good reputation, communicates effectively, and is responsive to your needs.
4. How long does it take to resolve a legal issue in Pasig?
The time it takes to resolve a legal issue in Pasig varies depending on the complexity of the case, the court's schedule, and other factors. Your lawyer can provide an estimate based on the specifics of your situation.
5. Can I represent myself in court in Pasig?
While you have the right to represent yourself in court in Pasig, it is advisable to seek legal representation to ensure your rights are protected and to increase the chances of a favorable outcome.
6. What is the process for filing a lawsuit in Pasig?
The process for filing a lawsuit in Pasig involves drafting a complaint, filing it with the appropriate court, serving the defendant, and attending court hearings. Your lawyer can guide you through each step of the process.
7. Are there any free legal services available in Pasig?
There are some free legal services available in Pasig for individuals who cannot afford to hire a private attorney. These services are typically provided by legal aid organizations or pro bono lawyers.
8. Can I settle a legal dispute out of court in Pasig?
Yes, it is possible to settle a legal dispute out of court in Pasig through negotiation, mediation, or arbitration. Your lawyer can help you explore alternative dispute resolution methods to reach a resolution without going to trial.
9. What are the deadlines for filing legal claims in Pasig?
The deadlines for filing legal claims in Pasig vary depending on the type of case and the specific laws that apply. It is important to consult with a lawyer promptly to ensure you meet all relevant deadlines.
10. How can I find legal resources in Pasig?
You can find legal resources in Pasig by visiting the Pasig City Hall, contacting the Pasig City Prosecutor's Office, or seeking guidance from the Integrated Bar of the Philippines Pasig Chapter.
Additional Resources:
For additional legal resources in Pasig, you can contact the Pasig City Hall at (02) 654-0000, the Pasig City Prosecutor's Office at (02) 641-0558, or the Integrated Bar of the Philippines - Pasig Chapter at (02) 671-0256.
Next Steps:
If you are in need of legal assistance in Pasig, Philippines, it is advisable to schedule consultations with a few different law firms or attorneys to discuss your case and determine the best course of action. Be sure to ask about their experience, fees, and approach to handling your legal issue before making a decision on who to hire.
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.