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BERONGOY & MONTECLAR LAW FIRM

BERONGOY & MONTECLAR LAW FIRM

15 minutes Free Consultation
Tagbilaran, Philippines

Founded in 2010
7 people in their team
English
About UsFounded in 2010 by the astute Atty. Ferdinand Berongoy, our law firm initially began its journey with Atty. Berongoy as a solo legal practitioner. His dedication and expertise soon caught the attention of Atty. Mark Opada, and together, they spearheaded numerous intricate property...
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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
Legal Document
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
Family
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
Child Support
Family
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 Tagbilaran, Philippines:

Hiring a lawyer in Tagbilaran, Philippines is a crucial step when dealing with legal matters. It is important to find a lawyer who is knowledgeable about local laws and practices, as well as someone who you feel comfortable working with. To hire a lawyer, you can start by researching law firms in Tagbilaran, asking for recommendations from friends or family, or seeking referral from the Integrated Bar of the Philippines (IBP) chapter in Bohol.

Why You May Need a Lawyer:

There are various situations where you may need a lawyer in Tagbilaran, Philippines, such as drafting legal documents, settling disputes, representing you in court, or providing legal advice on business matters. Whether you are facing a criminal charge, going through a divorce, or starting a business, a lawyer can help navigate the complex legal system and protect your rights.

Local Laws Overview:

Local laws in Tagbilaran, Philippines are primarily based on Philippine laws, which are influenced by Spanish and American legal systems. Some key aspects of local laws that are particularly relevant to lawyers in Tagbilaran include civil law, criminal law, family law, and labor law. Understanding these laws is essential for lawyers to provide effective legal representation to their clients.

Frequently Asked Questions:

1. How do I choose the right law firm in Tagbilaran, Philippines?

When choosing a law firm in Tagbilaran, consider their expertise, experience, reputation, and communication style. It is important to schedule a consultation with the lawyer to discuss your case and see if you are comfortable working with them.

2. What are the fees for hiring a lawyer in Tagbilaran, Philippines?

The fees for hiring a lawyer in Tagbilaran may vary depending on the complexity of the case, the lawyer's experience, and the type of legal services required. It is advisable to discuss the fees and payment terms with the lawyer before signing any agreement.

3. How long does it take to resolve a legal matter in Tagbilaran, Philippines?

The time to resolve a legal matter in Tagbilaran varies depending on the nature of the case, the court's schedule, and other factors. It is best to consult with a lawyer to get an estimate of the timeline for your specific situation.

4. Can I represent myself in court in Tagbilaran, Philippines?

While you have the right to represent yourself in court in Tagbilaran, it is highly recommended to hire a lawyer to ensure that your rights are protected and to navigate the legal system efficiently.

5. Are there pro bono legal services available in Tagbilaran, Philippines?

There are some law firms and organizations in Tagbilaran that provide pro bono legal services to individuals who cannot afford a lawyer. You can inquire with the IBP chapter in Bohol for more information on pro bono services.

6. What is the role of a lawyer in a real estate transaction in Tagbilaran, Philippines?

A lawyer in a real estate transaction in Tagbilaran can assist with drafting and reviewing contracts, conducting title searches, ensuring compliance with laws and regulations, and representing you in negotiations with other parties.

7. How do I file a complaint against a lawyer in Tagbilaran, Philippines?

If you have a complaint against a lawyer in Tagbilaran, you can file a complaint with the IBP chapter in Bohol. They will investigate the matter and take appropriate action if necessary.

8. Can a foreigner hire a lawyer in Tagbilaran, Philippines?

Yes, a foreigner can hire a lawyer in Tagbilaran, Philippines to provide legal assistance and representation in various legal matters. It is important to work with a lawyer who is familiar with local laws and practices.

9. What is the process for drafting a will in Tagbilaran, Philippines?

To draft a will in Tagbilaran, you can consult with a lawyer who specializes in estate planning. The lawyer will help you prepare a legally valid will that reflects your wishes and ensures that your assets are distributed according to your instructions.

10. How can I get legal advice on starting a business in Tagbilaran, Philippines?

If you need legal advice on starting a business in Tagbilaran, you can consult with a lawyer who specializes in business law. The lawyer can help you with business registration, contracts, licenses, and other legal requirements for starting a business in Tagbilaran.

Additional Resources:

For additional resources on legal assistance in Tagbilaran, Philippines, you can contact the Integrated Bar of the Philippines (IBP) chapter in Bohol, the Department of Justice, or local legal aid organizations. These resources can provide you with information on finding a lawyer, pro bono services, and legal assistance programs.

Next Steps:

If you need legal assistance in Tagbilaran, Philippines, consider reaching out to a reputable law firm, scheduling a consultation with a lawyer, and discussing your legal needs and concerns. A lawyer can help guide you through the legal process, protect your rights, and provide valuable advice and representation in your legal matters.

Lawzana helps you find the best lawyers and law firms in Tagbilaran 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 Tagbilaran, 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.