Best Lawyers in Pasig
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List of the best lawyers in Pasig, 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 Pasig, Philippines
Hiring a lawyer in Pasig, Philippines involves several steps. First, identify the nature of your legal issue to determine the type of lawyer you need. Lawyers often specialize in different areas such as family law, criminal law, corporate law, or real estate law. Once you have identified the type, research and compile a list of potential lawyers or law firms. You can find lawyers by searching online legal directories, asking for recommendations from friends or family, or contacting the Integrated Bar of the Philippines (IBP) for referrals. After narrowing down your choices, schedule consultations to discuss your case, understand their fees, and evaluate their expertise and approach. This helps you make an informed decision when hiring a lawyer who appropriately fits your legal needs.
Why You May Need a Lawyer
There are various circumstances in which individuals in Pasig may require legal assistance. Common situations include:
- Family Matters: This includes legal issues such as divorce, child custody, adoption, and spousal support.
- Property or Real Estate Disputes: Legal assistance might be needed in buying or selling property, settling disputes, or drafting leases.
- Criminal Charges: If you are accused of a crime, having a lawyer is crucial for defending your rights and navigating the legal system.
- Business Concerns: Lawyers can assist with business formation, contracts, mergers, and employment law compliance.
- Labor and Employment: Issues such as wrongful termination, discrimination, or wage disputes often require legal guidance.
- Personal Injury Claims: If you have been injured due to the negligence of others, a lawyer can help negotiate settlements or represent you in court.
Local Laws Overview
Pasig, being part of the National Capital Region of the Philippines, follows the national legal framework with some local ordinances that may affect residents. Key legal areas include:
- Civil Code: Covers personal and family relations, property, ownership, and obligations and contracts.
- Revised Penal Code: Governs criminal law and defines various offenses and their penalties.
- Labor Code: Provides the rules for employment, including employees’ rights, labor standards, and employer obligations.
- Local Government Code: Outlines the functions and responsibilities of local government units, including regulatory responsibilities like zoning and business permits.
Frequently Asked Questions
How do I know if a lawyer is licensed to practice in Pasig?
You can verify if a lawyer is licensed by checking with the Integrated Bar of the Philippines, which maintains a list of all lawyers in good standing.
What should I bring to my initial consultation with a lawyer?
Bring any relevant documentation related to your legal issue, such as contracts, court notices, or evidence. Also, prepare a list of questions for the lawyer.
How are lawyer fees typically structured in Pasig?
Lawyer fees can vary and may be structured as hourly rates, fixed fees, or contingency fees, depending on the type of legal service and agreement made.
What is the typical conduct of lawyers in court in Pasig?
Lawyers in Pasig, like elsewhere in the Philippines, are expected to adhere to professional conduct codes, including being punctual, respectful, and prepared for all court proceedings.
Can I represent myself in Pasig courts?
Yes, self-representation is allowed, but it is generally not recommended due to the complexity of legal proceedings and the potential for errors.
How long does a case typically take to resolve in Pasig?
The length of a case varies widely depending on its nature and complexity, with some cases resolving in months, while others may take years.
Are there free legal advice services available in Pasig?
Yes, certain governmental and non-governmental organizations offer free legal aid or advice to those who qualify, such as the Public Attorney's Office (PAO).
What languages do lawyers in Pasig typically speak?
Most lawyers in Pasig are proficient in English and Filipino, and some may speak local dialects.
What happens if I am not satisfied with my lawyer’s service?
If dissatisfied, you can discuss your concerns with the lawyer, seek mediation through the IBP, or file a formal complaint if there’s professional misconduct.
Are there specific legal services provided by the government in Pasig?
The government’s Public Attorney’s Office offers legal representation and services for qualified individuals unable to afford private counsel.
Additional Resources
For further assistance, you may consider contacting the following:
- Integrated Bar of the Philippines
- Department of Justice
- Public Attorney’s Office
- Local Barangay Offices for community-related legal advice
Next Steps
If you need legal assistance in Pasig, start by assessing your situation and determining the type of legal service required. Prepare the necessary documents and a list of questions for potential lawyers. Conduct research to find qualified legal professionals and arrange consultations. Once you select your lawyer, work closely with them to address your legal needs. Remember to communicate openly and honestly for the best legal outcomes.
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.