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Philippines Legal Questions answered by Lawyers

Browse our 237 legal questions in Philippines and the lawyer answers, or ask your own questions for free.

The co-maker used the money and when they died, is your partner obligated to pay for it?
Debt & Collection
Good morning.A co-maker in a promissory note is equally solidarily liable with the other co-maker for the debt.For your information and guidance.Thank you. 
The company I previously worked with said that I should submit my notarized quitclaim document before they give me my final paycheck. I witnessed that they did this to the previous employees too. Is that right?
Employment & Labor
Employment Benefits & Executive Compensation
Hello:What you are experiencing is a very common concern among employees in the Philippines. Under the Labor Code, your employer has the obligation to release your final pay which normally includes unpaid wages, pro-rated 13th month pay, and any unused leave conversions if applicable. The Department of Labor and Employment (DOLE) has issued Labor Advisory No. 6, Series of 2020, which requires employers to release final pay within thirty days from separation, regardless of the reason for separation.A quitclaim, on the other hand, is a waiver that the employer usually asks employees to sign stating that they have received their final pay and have no further claims against the company. While quitclaims are not illegal, they must be voluntarily signed and cannot be used to deprive you of what is legally due. The Supreme Court has ruled many times that a quitclaim will not bar an employee from pursuing claims if it was signed under undue pressure or without full and correct payment.In your situation, a.) you have the right to review your payslip or computation first to ensure correctness before signing any quitclaim, b.) the employer should release your final pay within the thirty-day period even if you have not yet signed, because that is a statutory right, and c.) if the company insists on withholding your final pay until you sign, you may file a complaint at the nearest DOLE office for illegal withholding of wages.We at Recososa Law Firm handle labor and employment cases like this. We have offices in Luzon, Visayas and Mindanao. We can schedule an initial consultation via google meet or zoom call, or you may also visit us in our office. You may send us an email at recososalawfirm@gmail.com and please indicate that you are a client from LawZana, or call or text us at +639175046510.If this answers your concern, I hope it is not too much to ask to like and share our pages. This will truly inspire us to help more people:Google Page:https://g.page/r/CW7ozgJGLkAMEAI/reviewFacebook Page:https://www.facebook.com/RecososaLawFirmSincerely,ATTY. JOFRE B. RECOSOSAOwner/Managing PartnerRecososa Law FirmE-mail: recososalawfirm@gmail.comMobile/Viber/WhatsApp: +63-917-504-6510
Recignizing a foreign divorce
Divorce & Separation
Family
Hello:Let me guide you on the recognition of a foreign divorce decree here In the Philippines. Under Article 26 of the Family Code of the Philippines, if one of the spouses is a foreign national and obtains a valid divorce abroad, the Filipino spouse may file for recognition of that divorce in the Philippine courts. This allows the Filipino to remarry and update his or her civil status records.a.) Requirements generally include an authenticated copy of the divorce decree from the US court, as well as proof of its finality. You also need the marriage certificate issued by the Philippine Statistics Authority (PSA), plus a copy of the foreign law that recognizes divorce, which will usually be presented through legal authentication.b.) Yes, you will need to file a petition before the Regional Trial Court in the Philippines. The length of the process may vary depending on the court’s calendar but typically ranges from one year to two years, though it may be shorter if uncontested.c.) As to costs, filing and court fees are relatively minimal compared to attorney’s fees. Professional fees vary depending on the lawyer and the complexity of the case.d.) It is advisable to have a lawyer represent you, as the process is judicial and requires presentation of documentary evidence and compliance with procedural rules. It cannot be done purely on your own.e.) Once granted, the recognition will be forwarded to the Local Civil Registrar and PSA to annotate your marriage certificate, thereby updating your marital status to reflect the divorce.We at Recososa Law Firm handle such cases regularly. We have offices in Luzon, Visayas and Mindanao, so we can assist you wherever you are situated. We can schedule an initial consultation via Google Meet or Zoom, or a face-to-face consultation at our office. You may email us at recososalawfirm@gmail.com and indicate that you are a client from LawZana, or you can also call or text us at +639175046510.If this answers your concern to your satisfaction, I hope it is not too much to ask that you like and share our Facebook page and leave us a rating on Google. This truly inspires us to continue extending help through platforms like this.Google Page:https://g.page/r/CW7ozgJGLkAMEAI/reviewFacebook Page:https://www.facebook.com/RecososaLawFirmSincerely,ATTY. JOFRE B. RECOSOSAOwner/Managing PartnerRecososa Law FirmE-mail: recososalawfirm@gmail.comMobile/Viber/WhatsApp: +63-917-504-6510

About Hiring a Lawyer in Rizal, Philippines

Hiring a lawyer in Rizal, Philippines is a practical step when you need legal guidance, representation in court, or help with documents and contracts. Most lawyers in Rizal operate through law firms or as solo practitioners. The process generally starts with identifying the area of law your issue involves, such as family, real estate, labor, or criminal law. You can find lawyers through referrals, directories, or by reaching out to the Integrated Bar of the Philippines Rizal Chapter. It is important to verify that your chosen lawyer is duly licensed to practice and to discuss fees, scope of services, and expectations during the initial consultation. Always request a written agreement or retainer contract before proceeding.

Why You May Need a Lawyer

Residents and businesses in Rizal may need a lawyer for a variety of reasons. Common situations include resolving family disputes such as annulments or custody matters, managing property transactions or land disputes, facing criminal charges, handling labor or employment concerns, drafting wills or contracts, or needing representation in court or administrative hearings. Lawyers are also vital for processing immigration papers, defending your rights, or securing compensation for damages or injuries. Engaging a lawyer helps ensure your interests are protected and that you comply with legal procedures.

Local Laws Overview

Rizal, as a province, is governed by national laws of the Philippines, but there are local ordinances and regulations enforced at the municipal and barangay levels. Key legal areas relevant in Rizal include:

  • Land and Property Laws: Land ownership and transfer can be complex in Rizal due to overlapping claims and subdivision regulations.
  • Family Law: Issues such as annulment, child custody, support, and adoption frequently arise and are governed by national statutes, but local courts process them.
  • Business Regulations: Starting or operating a business involves compliance with local permits and business ordinances.
  • Labor Laws: Employment disputes, especially relating to workers’ rights and termination, require familiarity with national labor codes and local application.
  • Criminal Law: Local police implement national criminal statutes, but city and municipal ordinances, such as curfews and anti-noise regulations, are also relevant.

Understanding how these local and national laws interact is crucial, which is why seeking legal counsel in Rizal can be important.

Frequently Asked Questions

How do I find a licensed lawyer in Rizal?

You can check with the Integrated Bar of the Philippines Rizal Chapter, ask for referrals, or consult lists from local courts. Always verify the status of the lawyer with the Supreme Court’s list of attorneys.

What should I expect during my first meeting with a lawyer?

During your first consultation, expect to discuss your legal issue, your objectives, and provide any relevant documents. The lawyer will explain possible courses of action, legal fees, and the expected process.

How much do lawyers charge in Rizal?

Legal fees vary depending on the complexity of the case, the experience of the lawyer, and the nature of services required. Some lawyers offer fixed fees for certain services, while others charge hourly or based on the value of the case.

Can I get free legal advice in Rizal?

Yes, some organizations such as the Public Attorney’s Office (PAO) provide free legal assistance to qualified individuals based on income criteria.

What documents should I prepare before meeting my lawyer?

Bring all relevant documents pertaining to your case, such as contracts, identification cards, letters, police reports, and court papers. This helps the lawyer assess your situation accurately.

How do I verify if a law firm or lawyer is legitimate?

Always check with the Integrated Bar of the Philippines and ask for the lawyer’s roll number. Official government websites and local bar associations can confirm legitimacy.

Can I change my lawyer if I am unsatisfied?

Yes, you have the right to change lawyers at any point. However, it is best to review the terms of your agreement to settle any outstanding fees and notify your previous lawyer in writing.

What are the usual steps in a court case in Rizal?

Most cases go through filing of complaint or petition, pre-trial conference, presentation of evidence, and finally judgment. Your lawyer will explain the specific process based on your issue.

How long does it take to resolve a case in Rizal courts?

The duration depends on the nature and complexity of your case, court workload, and cooperation of all parties. Simple matters may take weeks or months, while more complex cases can take years.

Is it necessary to appear in court for every hearing?

In many cases, your personal appearance is required, especially in criminal, family, and civil cases. Your lawyer will inform you when your presence is necessary and when you can be represented.

Additional Resources

  • Integrated Bar of the Philippines - Rizal Chapter: Contact them for referrals or to verify a lawyer’s credentials.
  • Supreme Court of the Philippines: Check official lists of attorneys.

Next Steps

If you believe you need legal assistance in Rizal, start by clearly outlining your issue and gathering all pertinent documents. Consider whether your situation requires urgent legal action. Reach out to potential lawyers or legal aid offices to schedule a consultation. During your meeting, ask questions about the lawyer’s experience in handling similar cases, fees, and potential outcomes. Make sure you understand any agreements before signing. Continue to communicate regularly with your chosen lawyer throughout your case, and follow their guidance on court and procedural matters. If cost is a concern, inquire with the Public Attorney’s Office or local government legal aid desks to check for eligibility for free services.

Taking these steps will help you find the legal support you need and ensure that you are properly represented in Rizal, Philippines.

Lawzana helps you find the best lawyers and law firms in Rizal through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Rizal, Philippines - quickly, securely, and without unnecessary hassle.

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.