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Philippines Legal Questions answered by Lawyers
Browse our 223 legal questions in Philippines and the lawyer answers, or ask your own questions for free.
- what should i do if i commit disobedience or did not follow protocol in my job?
- I can help you, contact me via WhatsApp: +38970704335Best Regards,
- Can annulment or legal separation be filed even without evidence?
- Good day from Recososa Law Firm!We received your inquiry from Lawzana regarding the possibility of filing for annulment or legal separation despite the absence of direct evidence such as screenshots of an extramarital affair. We are here to provide a clear legal response based on Philippine laws and jurisprudence.a.) Under Article 55 of the Family Code of the Philippines, legal separation may be granted on grounds such as repeated physical violence or grossly abusive conduct, drug addiction, and infidelity. Specifically, sexual infidelity or a proven extramarital affair constitutes a valid ground.b.) While direct evidence (e.g., screenshots, messages, photos) is helpful, Philippine courts allow circumstantial evidence and testimonial affidavits to establish proof of these grounds. For example, your personal testimony, corroborating witnesses (e.g., family, friends, or co-workers who knew of or witnessed the circumstances), and behavioral patterns may serve as competent evidence to support your claim.c.) As for annulment, if the basis is psychological incapacity under Article 36 of the Family Code, proof is required that one or both parties are incapable of fulfilling essential marital obligations. While infidelity alone does not equate to psychological incapacity, it may be cited as a manifestation of such incapacity if linked to an established personality disorder or persistent irresponsibility. This requires the assistance of a qualified psychologist or psychiatrist, but it can still proceed even if past consultation was limited—as long as the condition can be sufficiently described and proven during the proceedings.d.) In terms of cost, a Petition for Annulment or Legal Separation involves filing fees, professional fees, psychological evaluation (if applicable), and publication expenses. The exact amount depends on complexity, but we can structure the fees in a client-friendly and affordable manner. You may also negotiate for the erring spouse to shoulder the litigation cost as part of your prayer for damages, although such claims are subject to the discretion of the court.We strongly recommend that you hire us so we can evaluate the best course of action based on your full narrative. We can assist in building a compelling case supported by affidavit testimonies, documentation, and a psychiatric assessment when necessary.We can schedule an initial consultation via Zoom or in person. Client may schedule a convenient date and time of the meeting through the below Calendly link:https://calendly.com/recososalawfirmThere is a ₱2,000 consultation fee, which we will refund when you hire us after the consultation. Alternatively, client may also call or text +639175046510 or email [email protected] look forward to assisting you in protecting your rights and moving forward with confidence.
- About Concubinage
- Good day from Recososa Law Firm!In reference to your concern regarding a potential concubinage case to be filed by your former spouse, allow us to provide you with substantial guidance grounded in Philippine law.Under Article 334 of the Revised Penal Code of the Philippines, concubinage is committed by a husband who keeps a mistress in the conjugal dwelling, or has sexual intercourse under scandalous circumstances with a woman who is not his wife, or cohabits with such woman in any other place. The penalty imposed on the husband is prision correccional in its minimum and medium periods, while the concubine or mistress may only suffer destierro.a.) Based on the facts you have provided, there appears to be no evidence that you and your former spouse cohabited as husband and wife in the same household after marriage. This undermines one of the key elements of concubinage which involves cohabitation or the keeping of a mistress in the conjugal dwelling.b.) The mere existence of a child from another relationship, while it may serve as circumstantial evidence of a new relationship, does not automatically prove the existence of concubinage unless it can be shown that the relationship occurred under scandalous circumstances or that there was cohabitation.c.) Furthermore, your continued support for your children from the first marriage may reflect your good faith and sense of responsibility, which could support your defense should a complaint be filed.d.) Please note that concubinage is a private crime under Philippine law, which means it cannot proceed without a formal complaint filed by the legal wife, and it cannot be initiated merely based on assumptions or social media content. Moreover, you mentioned that you and your spouse separated informally in 2016 to 2018. This may be considered in weighing your lack of criminal intent, particularly in light of the consistent marital separation and lack of shared residency.As for your concern about affordability, we understand your situation and offer a reasonable consultation fee. We highly recommend that you hire a lawyer to protect your rights, prevent potential harassment, and prepare a legal defense, if necessary. We can also assist in possible legal remedies, including drafting a counter-affidavit or filing for annulment or legal separation if warranted by the facts.We can schedule an initial consultation via zoom call. Client may schedule a convenient date and time of the meeting through the below calendly link:👉 https://calendly.com/recososalawfirmThere is a 2,000 Philippine Peso consultation fee but we will refund consultation fee when client hires us after the consultation. Alternatively, client can also call or text on the below contact number +639175046510 or email [email protected] are here to assist you.
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.