You've Come To The Right PlaceOur Managing Attorney, Atty. Narag (a CPA), started this firm in January 2015 after working in the corporate world for more than 20 years (SGV&Co., PriceWaterhouse Coopers,.AIG/AIA, etc). He has so far positively used his extensive experience as a...
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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.
Employment & Labor
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About Hiring a Lawyer in Tagaytay, Philippines:
When hiring a lawyer in Tagaytay, Philippines, it is important to do your research and find a reputable law firm that specializes in the area of law you need assistance with. You can ask for recommendations from friends or family, or search online for law firms in Tagaytay. Once you have shortlisted a few options, schedule consultations to discuss your case and see if the lawyer is the right fit for you.
Why You May Need a Lawyer:
There are several common situations where you may need a lawyer in Tagaytay, Philippines. Some of these include real estate transactions, business contracts, family law matters, estate planning, and criminal defense. A lawyer can provide you with legal advice, represent you in court, and help you navigate the complexities of the legal system.
Local Laws Overview:
Key aspects of local laws in Tagaytay, Philippines, include civil law, criminal law, labor law, and administrative law. It is important to consult with a lawyer who is well-versed in these areas of law to ensure that your rights are protected and that you receive the best legal representation possible.
Frequently Asked Questions:
Q: How do I choose the right law firm in Tagaytay?
A: Research different law firms, read reviews, and schedule consultations to see which firm is the best fit for your needs.
Q: How much does it cost to hire a lawyer in Tagaytay?
A: The cost of hiring a lawyer in Tagaytay can vary depending on the complexity of your case and the law firm you choose. It is important to discuss fees upfront with your lawyer.
Q: How long does it take to resolve a legal issue in Tagaytay?
A: The length of time it takes to resolve a legal issue in Tagaytay can vary depending on the complexity of the case and the legal process involved. Your lawyer can provide you with an estimated timeline.
Q: Can I represent myself in court in Tagaytay?
A: While it is possible to represent yourself in court in Tagaytay, it is highly recommended that you seek legal representation to ensure the best possible outcome for your case.
Q: What are the different areas of law that law firms in Tagaytay specialize in?
A: Law firms in Tagaytay may specialize in various areas of law, including real estate, family law, criminal defense, labor law, and corporate law, among others.
Q: How can I prepare for my first meeting with a lawyer in Tagaytay?
A: Prepare a list of questions, gather any relevant documents or information related to your case, and be honest and forthcoming with your lawyer during the meeting.
Q: What should I look for in a good lawyer in Tagaytay?
A: Look for a lawyer who has experience in the area of law you need assistance with, has a good reputation, and communicates effectively with you throughout your case.
Q: Can I change lawyers in the middle of my case in Tagaytay?
A: Yes, you have the right to change lawyers in the middle of your case in Tagaytay if you are not satisfied with your current representation.
Q: How can I check the credentials of a lawyer in Tagaytay?
A: You can check the credentials of a lawyer in Tagaytay by verifying their license to practice law, reviewing their educational background, and checking for any disciplinary actions against them.
Q: What are my rights as a client when hiring a lawyer in Tagaytay?
A: As a client hiring a lawyer in Tagaytay, you have the right to receive honest and competent legal representation, confidentiality, and regular updates on the progress of your case.
Additional Resources:
If you are in need of legal advice in Tagaytay, Philippines, you can contact the Integrated Bar of the Philippines (IBP) or the Philippine Bar Association for referrals to reputable law firms in the area.
Next Steps:
If you require legal assistance in Tagaytay, Philippines, reach out to a reputable law firm that specializes in the area of law you need help with. Schedule a consultation to discuss your case and explore your legal options with a qualified lawyer.
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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.
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.