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

Can annulment or legal separation be filed even without evidence?
Annulment
Family
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
Marriage
Family
Divorce & Separation
Annulment
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.
Can a lessor terminate our contract of lease because he changed his mind?
Landlord & Tenant
Good day from Recososa Law Firm!Based on your account, the unilateral termination of the lease by the lessor despite a binding agreement until 2035 is not legally justified under Philippine law. Even if the contract does not mention the underlying debt, the lease agreement itself is a valid and enforceable contract under Article 1305 of the Civil Code, which defines a contract as a meeting of minds between two persons whereby one binds himself to give something or to render some service.a.) Under Article 1306 of the Civil Code, parties may establish such stipulations as they may deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy. Since the lease contract clearly states a fixed term and rental rate, the lessor cannot simply revoke it at will due to a change of mind. Any attempt to do so may constitute breach of contract.b.) Even if the lease served to compensate for the unpaid debt, the contract remains valid and binding unless it is shown that consent was vitiated by fraud or mistake. Your rights as a lessee are further protected by Article 1673 of the Civil Code, which limits the grounds for judicial ejectment. None of those grounds include the lessor’s change of intent.c.) In your case, you may file an action for specific performance with damages or an injunction to restrain the lessor from unlawfully evicting you. Since the lease is for a definite period, you have the right to enjoy peaceful possession of the property until 2035. The law on contracts upholds the principle of mutuality, meaning one party cannot revoke the obligation without valid cause.d.) If the lessor forcibly takes steps to evict you, you may also consider filing an action for injunction or even unlawful detainer if possession is disturbed, and you may claim for actual damages and attorney’s fees under Article 2201 of the Civil Code.We strongly advise that you hire us so we can carefully examine your lease contract and file the necessary legal remedies to protect your tenancy rights and enforce the long-term lease agreement. 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 prepared to assist you in asserting and protecting your legal rights.

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.