Best Philippines Lawyer

What are the Duties of Philippine Immigration Lawyers

If you are an individual who have dreamt the American dream, and is very interested to work, or maybe perhaps live in America or in other countries outside the Philippines, you would probably need an immigration lawyer to help you go through the tedious process. If you don’t have any clue how immigration lawyers can help you, here is your guide to understanding what Philippine immigration lawyers do.

Lawyers are very helpful in telling you what to do and what not to do in order to save you from a legal crisis. They will tell you upfront on what you should expect to happen, and would also give you the privilege to inform you of the risks you are about to take. All in all, Philippine immigration lawyers will help you analyze the facts of your case. Because every client is different, or may be similar with another client. Either way, you would have to trust your immigrant lawyer to have a better result.

Immigration lawyers help individuals in applying in order to become citizens or legal residents of a country from which they were not born in. They give various information regarding legal issues when they enter the Philippines, or in other countries like obtaining a visa for himself or for a family. Not only that, they also help you file some necessary appeals and waivers. They also help you in the completion and submission of your applications properly and in the right order. This is very convenient because you hire someone very knowledgeable and experienced in their field, and will gladly aid you in submitting your papers in order to prevent problems and certain delays.

Immigration lawyers give legal advices to immigrants on how to enter a country, how to be employed, and deal with laws that concern permanent residency in a certain country. All of us do not want to get in trouble with the law, that’s why we need immigration lawyers to help us during the step by step process.

Not at all times we are equipped with adequate knowledge on what to answer before the court. This is another field where you will need an immigration lawyer because they help you on how to appropriately answer questions

During a situation in which a person of foreign nationality faces deportation, the immigration lawyers can help them make an appeal to the court for them to remain in the country as legal citizen.

Hiring an immigration lawyer may cost much, but in the end, at least you are at peace, knowing that someone can help you fight legal battles that concern your citizenship. Now that you have an idea what Philippine immigration lawyers can do and how they can really be of help, never think twice in hiring them when a situation calls for it.

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Posted by admin - May 8, 2012 at 5:41 am

Categories: Philippines Lawyers Tags: annulment in Philippines, annulment Philippines, filipino lawyer, lawyers Philippines, philippines annulment, philippines lawyers

All You Need To Know About Philippine Labor Law

The Philippines is one of the fastest growing countries in Asia. Every year, more jobs are being offered, and more foreign businesses come and offer jobs to jobless Filipinos. If you are an employer, knowing the laws regarding labor and employment is very important in a business because just a mere minor violation could create a very big problem. If you are an employee, you also need to be educated on your rights as an employee in order to know if your employer has been violating your rights. Here is a guide on all you need to know about Philippine Labor Law

Philippine labor law is also known as the Labor Code of the Philippines. Established in the year 1974, the Labor code of the Philippines was created in order to protect the workers from maltreatment, exploitation, and unfair terminations from the job. It was created by former president Ferdinand Marcos during the 9 year period of martial law. The most important policy of the labor code is to protect laborers from unscrupulous employers, encourage full employment, and guard against workplace discrimination.

The labor law contains articles that include laws regarding regular employment and the probationary employment. They provide descriptions about your type of employment and the benefits and privileges you may acquire. It also contains the minimum employee age, which is suppose to be fifteen (15) years old in the Philippines.

In case you are sexually harassed by your employer as a condition to hire you, this is also one violation which you can report to local authorities because you should not be forced upon such act in order to maintain your dignity.

There are times wherein you may think that your employer cut off short your salary. There is a law that protects employees from such unfair act. Employers must comply with the minimum wage rate that is prescribed by your respective Regional Tripartite Wages and Productivity Boards. They are authorized by the state to fix the minimum salary of your employees. In case your employer violates these considerations, civil and criminal violations can be made. At the same time, if an employee has worked overtime, or during the holidays, they are given the right to receive a just compensation for all their hard work.

Under the Philippine labor law, employees are given a chance to have their own right to self-organization, so that they are able to discuss within themselves regarding their conditions in the work place. If you are not given this type of opportunity, employees should report this because it is a form of an unfair labor practice. Because of this law, the right to strike by the employees is also being acknowledged.

The Philippine labor law may be a very broad topic to learn. But once you have already known the basics, you will already feel comfortable enough to work in your chosen field.

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Posted by admin - May 8, 2012 at 5:37 am

Categories: Lawyers Philippines Tags: annulment in Philippines, annulment Philippines, filipino lawyer, lawyers Philippines, philippines annulment, philippines lawyers

All You Need To Know About Legal Separation in Philippines

Legal separation is an act that one of the married couple files when one believes that their marriage is not working anymore. The latest trend of famous people nowadays is to get a divorce. But in the Philippines, divorce is not allowed, therefore many couples would opt for a legal separation instead. If you are interested more about legal separation in Philippines, here is a guide on what you need to know.

Legal Separation in Philippines 101

Many people are confused and may interchange the term legal separation from annulment. But the main difference is that, in legal separation, the couples are still considered as married to each other. Therefore when a chance of reconciliation occurs, they do not need to remarry anymore.

A petitioner for a legal separation must prove the allegations that are contained in the petition. You must have certain grounds for you to file for a legal separation. But during the course of the process, the court requires the pre-trial conference not more than 6 months from the filing of the petition. This period can give the couple a chance to change their mind. If not, the trial is then followed.

The Family code of the Philippines require that in order to file for a legal separation in Philippines, it must be filed on any of the following grounds: Repeated physical violence to their child or the child of the petitioner, physical violence or moral pressure to compel the petitioner to change religious or political beliefs, attempt of respondent to corrupt or induce the petitioner, their child or the child of the petitioner to engage in prostitution, or connivance in such corruption, drug addiction, lesbianism or homosexuality of the respondent, contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad, sexual infidelity, attempt by the respondent against the life of the petitioner, abandonment of the petitioner by the respondent without justifiable cause for more than one year.

It is also important to know that you must file for a legal separation within five years from the time these incidents happened. After you have filed, both spouses are to live separately from each other. If the couple has a child, under the provision of article 213 of the family code, the child will instantly be under the custody of the innocent spouse.

If in time, the couple decides to reconciliate, the final decree of legal separation will be set aside. A corresponding joint manifestation under oath duly signed by the couple will be filed with the court in the same proceeding for legal separation. But if the couple decides to reconciliate during the proceedings of the trial, the trial is then terminated, no matter what stage they are.

For all couples who feel that there is something wrong in their marriage, annulment is not always the solution, especially if you still want to reconcile with your partner. Make sure to get all information on all you need to know about legal separation in Philippines, to help you go on the right track.

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Posted by admin - May 3, 2012 at 11:56 am

Categories: Philippines Annulment Tags: annulment in Philippines, annulment Philippines, filipino lawyer, lawyers Philippines, philippines annulment, philippines lawyers

Advantages of Hiring Lawyers from the Best Philippine Law Firm

At some point of our life, all of us will experience having a legal problem. Whether it concerns our business, our citizenship, or our family, we all need legal advices to help us what to do, what not to do, and defend our cases in front of a court. Doing such requires a lot of money. In order to get quality service, we need to pay the price. Of course, all of us would want to put our money into good use. That is the main reason why in choosing our own lawyers to help us fight our legal battles, we must be able to choose wisely so that we won’t regret any decision we make.

Here is a list of the advantages of hiring a lawyer from a Philippine law firm.

Good credentials. Many law firms pay a higher price to the lawyers that are employed to them. Therefore they would always want to make sure to hire the best of the best. The crème de la crème. They make sure that the lawyers employed to them have undergone rigid screening in order to make sure that they have good credentials. That is why you can always entrust your case to lawyers who work in a law firm because they were intricately selected by their employers.
Training programs. Some law firms have very good training programs that give their newly recruits enough training experience in order to prepare them in face the real trials at court.
Ethics. Every law firm has its own policy or code of conducts. If you are able to hire a lawyer from a law firm, you are assured that that lawyer you hired believes of the same laws, conducts, and policies that are imposed to them by the law firm they are working for.
Lawyers from law firms are more trusted to be hired because you are assured that they have unexpired licenses. Year after year they are expected to update it.
You are assured that the lawyers you have hired are up to date with the latest trends. Lawyers will always do their part in researching. Plus their firm gives them a hand in the learning process as well by conducting seminars to help their lawyer be more competent.

Finding a Philippine law firm to handle your case is an easy task. You can search the internet to see which law firm is the best. Better yet, you can even ask your friends or family. The best Philippine law firms are always the ones that are always being talked about. Hiring a lawyer from a law firm can be a bit expensive, but at least you are assured that you get the best quality service there is, most especially if you hire from a Philippine law firm.

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Posted by admin - May 3, 2012 at 11:46 am

Categories: Filipino Lawyer Tags: annulment in Philippines, annulment Philippines, filipino lawyer, lawyers Philippines, philippines annulment, philippines lawyers

A Step by Step Guide on The Annulment Process Philippines

Once in your life you find someone who will sweep you off your feet, asks your hand in marriage and make you feel as if married life is a dream come true. But what if that dream suddenly turns into a nightmare. Everything is not as it seems to be, and you wish you could have done things differently. One option they may want to consider is to have a divorce. But since divorce is not allowed in the Philippines, annulment can be another option. Here is a step by step guide on all you need to know about the annulment process Philippines.

BE FIRM IN YOUR DECISION. Many people may be carried away by their emotions that may lead them to decide to have an annulment. Before you ever decide to file for an annulment, make sure that it is your last resort because this can be a very long battle, plus it will also cost you A LOT. If you think that getting married is expensive, getting an annulment is more expensive because you need to hire an attorney, and at the same time a psychiatrist.

MAKE SURE THAT YOU HAVE A VALID GROUND. There are many rules as to how you should file for an annulment. One of the most important rule is to base your decision on a certain ground for annulment. Parental consent (if the couple failed to get a parental consent during their marriage when one of them was within 18-21 years old), of unsound mind, Fraud, Force, Impotence (when one of the spouse is not capable of providing for the family), or STD.

WRITING OUT YOUR MARITAL HISTORY. This is where the role of the psychiatrist takes place. One of the requirements when filing for an annulment is to write a narrative testimony of your marriage. Make sure to give emphasis on the details like the start of the marriage, which point of the marriage did the conflict happen, why it happened, how it happened, and up to the end of your relationship. Include also the personality of your spouse.
PREPARATION AND FILING FOR THE PETITION. The petitioner (or the one who filed the annulment) must file the petition in the family court of the province, or the city where the couple resides. Even if you already reside out of the country, you can still file for a petition for annulment. The court will then issue a provisional and protective orders.
SUMMON. After the petitioner files for an annulment, the court then gives a notice to the respondent that a file for annulment has been made. The respondent must answer within 15 days
INVESTIGATION OF COLLUSION. Some courts have to make sure that there are no conspiracies between the parties
PRE-TRIAL AND TRIAL CONFERENCE. This is the stage wherein certain matters are discussed within the court whether or not the petition of annulment will be declared. At this stage, it wouldn’t even matter if the respondent didn’t appear in court. In some cases, many would prefer the absence of the respondent in order to avoid emotional contact.

Filing an annulment is not very easy and it may take a long time, so make sure to be familiarized with the step by step guide on the annulment process Philippines in order to help you on your journey.

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Posted by admin - May 3, 2012 at 11:42 am

Categories: Philippine Lawyers Tags: annulment in Philippines, annulment Philippines, filipino lawyer, lawyers Philippines, philippines annulment, philippines lawyers

How Marriage Annulment in Philippines Can Affect Children

There are a lot of couples in the Philippines who would want to settle for an annulment. Annulment wipes out the history of their marriage. In the eyes of the law, when a couple opts for an annulment, their marriage never happened. A happy family is what a child hopes and dreams for. But what if that dream suddenly turns into a nightmare just because their parents decide to have an annulment.

Effects of the Marriage Annulment in Philippines

Before deciding to have an annulment, you must be aware on how it would affect not only your relationship with your spouse, but also other areas in your life, most especially your children. When a couple has kids, annulment can be more complex and would take more time.Here is an insight on how marriage annulment in Philippines can greatly affect your children

On the bright side, children of parents who have had annulment will not change their legitimate status. Since they were born during the marriage, the child is still considered a legitimate child. But when parents seek for an annulment, there is always the question as to who would take the custody of the child. The court will have to award custody to the parents, which is based in the “best interests of the child” standard. Due to the sudden change of environment and sudden change of situation, this can greatly add stress to the child. Especially since the child is used to seeing both parents in a single home. Because of the annulment, the child will have to get used to living his or her life without the other parent.

As a general rule, children under seven years old of age must not be separated from the mother since the child still needs a mother’s tender love and care. But of course, this rule is not at all absolute because even a mother can be deprived of the custody of her child below seven years old, and this may be due to several reasons like the mother may not be able to sustain and take care of the child, neglects the child, or is a habitual drinker,

When considering in undergoing a marriage annulment in Philippines setting, one must not overlook the possibility that their studies can be affected. A child’s stress may not be seen in the home, but can be greatly manifested in their performance at school. Without psychological consultations, or if the parents cannot thoroughly explain to their child the reality of their family situation, he or she can be greatly confused. If the child becomes confused, he or she may not be able to concentrate anymore especially at school because of profound confusion.

When a couple is considering having an annulment, they have to make sure that they are emotionally prepared and responsible enough to explain well to their children. On the other hand, filing an annulment when a couple already has children can be very difficult and can take more time. So make sure to know how marriage annulment in Philippines can greatly affect your child.

However, before deciding on annulment, know how it will affect other areas of your life, mainly your children and property. When you are fully informed, you’re in the best position possible to make the right decision for your case.

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Posted by admin - April 24, 2012 at 2:50 pm

Categories: Annulment in Philippines Tags: annulment in Philippines, annulment Philippines, filipino lawyer, lawyers Philippines, philippines annulment, philippines lawyers

List of Qualities of Good Philippines Lawyers

In the Philippines, finding a good lawyer is not really a big problem. The country is rich with very credible law schools that produce very fine lawyers. But if you surely want to win your case, you might want to have a look out for the best.

Here is a list of qualities of good Philippines lawyers.

A good lawyer is a hard worker. Diligence plays a very big part in winning a case. It takes a lot of hard work going to appointments, meeting clients, and discussing their cases. Good lawyers always do his or her best, and would sometimes take time discussing matters and understanding the client. It also takes time preparing materials needed for court. You can ensure of a diligent lawyer through recommendations.

Good public speaking skills are also essential. Being comfortable in front of a courtroom when defending a case can be very beneficial, because the audience would definitely pay more attention to a lawyer who has such diction when presenting a case.

Good Philippines lawyers have very good analytic skills. A lawyer can handle a large number of cases. Before deciding to accept a case, one must be able to study each case fully so that they can be able to understand its intricacies. That is why a good lawyer must have excellent analytical skills and can be able to understand a large volume of information.

Creativity also plays a big role. Every good lawyer must be very creative enough to think of reasonable answers or solutions when problems arise.

Being a good lawyer means that one must have good research skills. One of the most important tasks of being a lawyer is to be very diligent in doing his or her research because when preparing for a case, one must have a good legal strategy in defending the case. This takes much perseverance since you must work for very long hours just to have pertinent information that is enough to defend your case. A good lawyer would always take time to read up to the last minute, just to get the job done.

In addition, reading plays a very big part as well. A good lawyer must have reading comprehension skills. They must continuously read and study the case that they are handling, so that they can easily understand the complex information encountered in legal documents

A good lawyer has experience. The practice of law requires tedious effort. One simply cannot become a good lawyer if he or she has only defended a case once. It is not a guarantee that he or she has won almost all the cases that they’ve handled.

So before you think of hiring Philippines lawyer to handle your case, if you really want to win, make sure to refer to the list about the qualities of good Philippines lawyers.

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Posted by admin - April 24, 2012 at 2:36 pm

Categories: Philippines Lawyers Tags: annulment in Philippines, annulment Philippines, filipino lawyer, lawyers Philippines, philippines annulment, philippines lawyers

How to File Annulment in Philippines

There are couples who live a very happy and understanding life together as husband and wife. On the other hand, there are couples who cannot. This is the main reason why many couples would want to separate. Since divorce is not allowed under Philippine law, many couples would want to have an annulment instead. If you are residing in the Philippines and would want to file for an annulment, written below are you need to know on how to file an annulment in Philippines.

Steps on How to File An Annulment in Philippines

First things first, you must contact a very good lawyer whom you can really trust. Preferably a family friend. It is very important to discuss to your lawyer whether the grounds exist for you to file for a petition for annulment of marriage, or a Declaration of Nullity for your marriage. It is advised to engage the services of a lawyer who is an expert in Family Law.

The second step would be to write your marital history. The marital history is a very detailed narrative testimony of your marriage. This should start from the first time you and your spouse met, and a full description from the start, and to the end of your relationship. It should also include your description on the personality of your spouse, and it is also important to include the precipitating factors that led to the end of your relationship.

When you consider in having an annulment in Philippines, you must be prepared emotionally, and most especially financially. There are a lot of things that you need to pay for when you really want to pursue filing for an annulment. The cost of litigation, filing fees, and even professional fees for psychologists and psychiatrist are just some of the things that you need to pay for. That is why the third step is the psychological evaluation process.

The fourth step is the drafting and filing of the petition which is done by your lawyer. After you have signed it, the case is then raffled to a branch of the Regional Trial Court. Your spouse is then notified, and he or she is required to have an answer within 15 days.

The fifth step is the conclusion investigation done by a public prosecutor, to determine if the parties are conspiring to file a case. If no conclusion is found, you can then proceed to a pre-trial. In the trial stage, witnessed are called and the psychologist will testify the evaluation you have made. After the trial and the presentation of evidences, the case is then submitted for decision.

During the trial itself, it is not necessary that the spouse is present. This is somehow better since if the other party shows up, he or she would bring witnesses which would prolong the trials. Annulment cases usually last about 6 to 12 months. Make sure to read thoroughly this article on how to file for annulment in Philippines.

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Posted by admin - April 24, 2012 at 2:26 pm

Categories: Annulment in Philippines, Uncategorized Tags:

How to Deal with Lawyers Philippines

Being charged with a case can be very stressful. You would want to look for good lawyers Philippines who arewilling to be with you all the way until the end of your trial. Trials can take up to several months, so having regular meetings with your lawyer is inevitable.

Below are several recommendations on how to deal with lawyers Philippines, in order to preserve a good working relationship with your lawyer.

In dealing with your lawyer, you have to tell your lawyer everything regarding your case. Your lawyer cannot make up imaginary defenses or strategies to protect you. So one important key factor in dealing with lawyers in Philippines is to keep your lawyer updated. Since it is only you who knows every detail of your case, it is important for you to tell all the significant and important information about your case. There is no other person good enough to inform what has happened from the very beginning. Your attorney is not a fortune teller who would just guess, assume, or make up the story behind your case. Therefore it is essential to tell your lawyer everything regarding the case from the beginning, up to the end even if it is important or not. No matter how embarrassing it may sound, or how bad and illegal the information is, it is highly advised to tell him everything about this. You should not worry about them because you are hiring your lawyer in order for you to be defended during the case. Therefore he isn’t there to judge you. Small facts can always change an entire legal strategy. When you lie to your lawyer or keeping some information from him, this may result into defeat.

Another important consideration in dealing with lawyers Philippines is that you have to be very conscious of your time. We are always comfortable with the habit of “Filipino time”. But for a lawyer, time is always money. Everyday your lawyer only gives you a certain number of time to spend with you. If you take more of your lawyer’s time, your lawyer may charge you more. Therefore, it is very important to always get a detailed monthly report on the time spent during the discussion of your case.

When you have already settled an appointment with your lawyer, it is important to take notes on whatever your lawyer tells you. Keep those notes and other documents given to you by your lawyer and put them together in a folder. This practice can greatly save time.

Dealing with your lawyer can be stressful if you do not have a good working relationship. So make sure to consult this article if you want to know how to deal with lawyers Philippines.

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Posted by admin - April 24, 2012 at 2:23 pm

Categories: Lawyers Philippines Tags: annulment in Philippines, annulment Philippines, filipino lawyer, lawyers Philippines, philippines annulment, philippines lawyers

How Property Issues Affect Annulment Philippines

Marriage is always a decision. But there are times that couples are very enthusiastic to get married. When the spark has died down and they can’t seem to get along anymore, they would want to be separated. Since divorce is not allowed in the Philippines, many people opt for an annulment. Ending a marriage is never easy. Filing for an annulment Philippines would mean that no marriage ever happened. When couples file for an annulment, they not only deal with the emotional stress that separation can bring, but they would also have to deal with the division of the properties that the couples own. This article gives you an insight on how property issues can greatly affect annulment Philippines.

Effects of Annulment Philippines

One of the effects of annulment Philippines is that the properties that were own by one of the spouses will be returned to him or her, since he or she has owned the property even before the marriage. On the other hand, the other partner will gain no legal rights to the property, since in the eyes of the law; both of them were never married.

On the other hand, when during the course of the marriage, the couples have discussed about inheriting properties or any money to their other spouse, they also won’t be able to inherit this. Even up to the time the other partner dies, the other partner will still not be able to receive any of the planned inheritance since in the first place, no marriage ever happened.

But there are some cases wherein division of properties is not settled during an annulment. This usually happens especially in marriages that lasted for only a couple of months. These couples may not have had the opportunity to accumulate assets or properties as a couple, so there is no need to undergo division of properties between the spouses.

Issues regarding division of properties do not usually happen all the time when couples file for an annulment, since majority of couples who file for an annulment have only had short marriages. But in partners who have had longer marriages, there can be many complex property issues that they must face. When this happens, the court may now have the power to determine the division of the couple’s properties.

So before you ever think of having an annulment, make sure that you weight things clearly. Your relationship with your spouse is not the only the aspect of your life that would be affected. Another important factor like property issues is one of the problems that you may encounter. To give you a clearer picture on how annulment can affect property issues, be sure to refer from this article on how property issues can affect annulment Philippines.

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Posted by admin - April 24, 2012 at 2:15 pm

Categories: Philippines Annulment Tags: annulment in Philippines, annulment Philippines, filipino lawyer, lawyers Philippines, philippines annulment, philippines lawyers