Best Lawyers in Philippines
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List of the best lawyers in 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 the Philippines
In the Philippines, hiring a lawyer is not a difficult task. Many individuals and businesses hire lawyers for various legal issues. A person can contact a legal firm directly or get a personal reference from someone they trust. It is important to check with the Integrated Bar of the Philippines to confirm the credibility of the lawyer. The cost of hiring a lawyer varies greatly, depending on the complexities of the case, the fame or reputation of the lawyer, and the geographical location within the Philippines.
Why You May Need a Lawyer
In the Philippines, there are numerous situations where people may need legal help. This includes family issues such as divorce, child custody disputes, alimony and others; criminal charges; contractual disputes; property disputes; personal injury claims; immigrations concerns, and more. Furthermore, businesses also require legal help for issues such as drafting or reviewing contracts, settling business disputes, entity formation, and compliance with regulations.
Local Laws Overview
The Philippines operates under a mixed legal system of civil, common, Islamic, and customary law. The courts in the Philippines are organized hierarchically with the Supreme Court as the highest judicial body. Criminal cases are prosecuted under the Revised Penal Code, while civil disputes are settled under the Civil Code. Specific laws also govern special subjects like family relations, commercial transactions, corporate law and others. Lawyers in the Philippines need to have a deep understanding and familiarity with these laws to best represent and advise their clients.
Frequently Asked Questions
1. How can I verify if a lawyer is licensed in the Philippines?
You can verify a lawyer's license through the Integrated Bar of the Philippines, which maintains a list of all duly licensed and practicing lawyers in the country.
2. What kind of fees do lawyers typically charge?
Lawyers in the Philippines can charge different fees based on the nature and complexity of the case. They can charge a fixed fee, an hourly rate, or a contingency fee (percentage of the winnings). Always discuss the fee structure upfront.
3. Is it possible to get free legal advice?
Yes, several organizations offer free legal advice, including the Public Attorney's Office.
4. Can foreigners hire Filipino lawyers?
Yes, foreigners can hire Filipino lawyers for their local legal matters.
5. How long does a civil case take in the Philippines?
The duration of a civil case varies greatly and may take from several months to several years depending on its complexity.
6. How can I file a complaint against a lawyer?
The complaint may be filed directly with the Office of the Bar Confidant or Supreme Court.
7. Is a lawyer needed for buying property in the Philippines?
Not necessarily, but it is highly advisable due to the various regulations and potential disputes that can arise.
8. How private is my communication with my attorney?
All communication between a client and their attorney is legally considered privileged and confidential in the Philippines.
9. Can the same lawyer represent both parties in a dispute?
It is ethically disapproved for a lawyer to represent opposing parties in the same dispute.
10. What rights do I have if arrested?
If arrested, you have the right to remain silent, be informed of your rights, have access to a lawyer, and be treated humanely.
Additional Resources
The Integrated Bar of the Philippines, the Supreme Court, the Department of Justice, and the Public Attorney's Office can be very helpful for those seeking legal advice. Several online websites and platforms provide free legal advice and up-to-date legal news.
Next Steps
If you need legal assistance in the Philippines, first identify the nature of your legal issue, then search and contact a local law firm or lawyer who has expertise in that area. It's beneficial to arrange a meeting to discuss your case, their fees, and making sure you are comfortable with them. Always remember to inquire about their credentials to make sure they are qualified and authorized to practice law.
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.