Best Lawyers in San Juan
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List of the best lawyers in San Juan, Philippines
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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 San Juan, Philippines
Hiring a lawyer in San Juan, Philippines, is a process that typically begins with identifying your legal needs. Whether you're dealing with a family matter, business dispute, or any other legal issue, it is crucial to find a lawyer who specializes in the relevant field. Lawyers can be sourced through law firms, bar associations, or personal recommendations. When seeking legal assistance, it is important to verify the lawyer’s credentials, including their membership with the Integrated Bar of the Philippines (IBP) and any specialized certifications they may have.
Why You May Need a Lawyer
Legal assistance may be necessary in a variety of situations in San Juan, Philippines. Common scenarios include family law matters such as divorce or child custody, disputes over property or real estate, criminal defense, and business-related issues like contract disputes or intellectual property concerns. Lawyers are also essential for navigating the legal complexities of starting or closing a business, estate planning, and handling cases of personal injury or accidents.
Local Laws Overview
Laws in San Juan, Philippines, are governed by a combination of national laws and local ordinances. Understanding local regulations, especially those relating to property dealings, taxation, business permits, and community conduct, can be crucial. It is also important to be aware of the local implementation of national laws related to civil and criminal matters. Lawyers in San Juan are often familiar with navigating these legal frameworks and can provide necessary guidance and representation.
Frequently Asked Questions
How do I find a reputable lawyer in San Juan?
To find a reputable lawyer in San Juan, you can search for law firms that have positive reviews and recommendations from past clients, check the IBP directory, or attend initial consultations to gauge their expertise.
What is the cost of hiring a lawyer?
The cost of hiring a lawyer in San Juan, Philippines, varies depending on the complexity of the case, the lawyer's experience, and the type of legal service required. Most lawyers charge hourly rates or offer flat fees for specific services.
Can I represent myself in legal proceedings?
While it is possible to represent yourself in legal proceedings, it is not recommended due to the complexity of legal systems and procedures. A lawyer can provide expertise and improve the chances of a favorable outcome.
How do I verify a lawyer's credentials?
You can verify a lawyer's credentials by checking their membership with the Integrated Bar of the Philippines and any specialization certificates they hold. It is also helpful to research their professional experience and reputation.
What should I bring to my first meeting with a lawyer?
Bring any relevant documents related to your case, such as contracts, court notices, or personal identification. Being well-prepared can help the lawyer understand your situation better and provide more accurate advice.
How long does it take to resolve a legal case?
The duration of a legal case in San Juan can vary widely depending on the complexity of the matter, the efficiency of the court system, and the willingness of parties to cooperate. Simple cases may resolve quickly, while complex ones could take months or years.
Are there legal aid services available?
Yes, there are legal aid services available in the Philippines, often provided by non-profit organizations or government bodies such as the Public Attorney's Office for those who qualify for assistance.
What is the Integrated Bar of the Philippines?
The Integrated Bar of the Philippines (IBP) is the national organization of lawyers in the Philippines. It regulates the legal profession and provides resources and support to its members.
Can a lawyer help with out-of-court settlements?
Yes, lawyers often assist in negotiating out-of-court settlements, which can be a quicker and less expensive alternative to litigation.
What should I do if I’m not satisfied with my lawyer's service?
If you are not satisfied with your lawyer's service, you can discuss your concerns directly with them. If the issue persists, consider seeking a second opinion or lodging a complaint with the IBP.
Additional Resources
For more information or assistance, you can reach out to the following resources:
- Integrated Bar of the Philippines
- Local legal aid clinics and non-profit organizations offering legal services
- San Juan City Hall's legal department for local ordinance enquiries
- The Public Attorney's Office for those needing government-provided legal aid
Next Steps
After identifying your legal needs, create a list of potential lawyers or law firms specialized in your area of concern. Schedule initial consultations to discuss your case and evaluate the lawyer's understanding and compatibility with your needs. Ensure to inquire about their fee structures and approach to handling cases similar to yours. Once you have decided, formally engage their services and cooperate fully to achieve the best possible outcome.
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.