Naming baby, Philippines

Question: Can I give my baby a name with "III" even if the father's name is not "Jr."?

Answer:

In Philippine context, naming conventions are largely based on cultural norms and preferences. The use of "Jr." (Junior), "Sr." (Senior), and other suffixes like "II" or "III" usually imply that the person is named after their father or another relative. However, there is no strict legal rule that mandates this practice.

You can technically name your baby whatever you want, including using suffixes like "III," even if the father's name doesn't carry a "Jr." However, it's essential to consider the implications of this for your child in the future. In official documents, the name should be consistent and having a "III" may lead people to assume that there are previous generations with the same name, which could cause some confusion.

Before you proceed with this naming choice, it might be helpful to consult the local civil registry or other legal advisers to make sure that you're aware of any potential complications, especially if the name might lead to questions or confusion in future legal situations.

If you opt to go ahead with this name, make sure to double-check all spelling and details when you register the birth certificate. Any mistakes on a birth certificate can be tedious to correct later on.

In summary, while it is possible to give your baby a name with "III" even if the father is not a "Jr.," you should weigh the pros and cons and possibly consult with legal professionals to ensure you're making an informed decision.

Remember that laws and regulations may vary, and it's always good to seek personalized advice for your particular situation.

Cyber Libel Philippines

Question: What Legal Recourse Do I Have for False Facebook Posts Claiming I Won't Let My Employee Go Home?

Answer:

If someone has made false claims about you on Facebook, stating that you're not allowing your employee to go home, you may have several legal options under Philippine law. These could range from defamation to violations of the Cybercrime Prevention Act of 2012.

Q: What constitutes defamation under Philippine law?

A: In the Philippines, defamation is either "slander" when spoken, or "libel" when written or published. If someone has posted false information about you on social media that harms your reputation, you might be able to sue them for online libel under Article 353 of the Revised Penal Code and the Cybercrime Prevention Act of 2012.

Q: What are the elements of online libel?

A: The elements of libel under Philippine law are:

1. The allegation of a discreditable act or condition concerning another;
2. Publication of the charge;
3. Identity of the person defamed; and
4. The existence of malice.

Q: How do I prove these elements in the context of a Facebook post?

A: To have a case, you need to demonstrate that the individual made a false statement about you online. Screenshots of the posts, the timeline of postings, and the number of shares or comments can all be relevant. Witness testimonies can also be useful.

Q: What about the Cybercrime Prevention Act of 2012?

A: Section 4(c)(4) of R.A. 10175, known as the Cybercrime Prevention Act of 2012, lists libel as one of the punishable offenses. If the defamatory posts were made online, this law could apply.

Q: What penalties might the individual face if found guilty?

A: The penalties for libel under the Revised Penal Code include imprisonment of up to 6 months and a fine. Under the Cybercrime Prevention Act, penalties could be more severe, including higher fines and longer imprisonment.

Q: What immediate steps should I take?

A: You may send a formal demand letter asking the individual to remove the false posts and issue a public apology. If this fails, you may proceed with filing a complaint with the National Bureau of Investigation's Cybercrime Division or the Philippine National Police's Anti-Cybercrime Group.

Q: Can I get an injunction or restraining order against the individual?

A: Yes, you may apply for a Temporary Restraining Order (TRO) to have the posts removed immediately while the case is ongoing.

Q: What if I want to settle this matter without going to court?

A: Alternative Dispute Resolution (ADR) methods like mediation could be a viable option. However, settling out of court usually requires the consent of both parties.

It's essential to consult with a legal expert to assess the specifics of your situation and guide you through the legal process effectively.

Immigration Philippines

Q: What are the general requirements for a foreign national seeking a tourist visa to enter the Philippines?

A: Basic Requirements for a Philippine Tourist Visa

A foreign national typically needs a valid passport with at least six months of validity, proof of onward or return flight, and proof of accommodation. Some nationals are visa-exempt for short stays, while others will need to apply in advance.

Q: Can overstaying a visa lead to deportation?

A: Consequences of Overstaying

Yes, overstaying a visa is a violation of Philippine immigration laws and can result in fines, detention, and eventual deportation.

Q: What is a 13A Visa and who is eligible for it?

A: 13A Visa for Foreign Spouses of Filipino Citizens

The 13A Non-Quota Immigrant Visa is for foreign nationals who are legally married to a Filipino citizen. This visa grants permanent residency but is subject to conditions and requires documentary support.

Q: Can a foreign national work in the Philippines without a work visa?

A: Working without a Visa

No, a foreign national cannot legally work in the Philippines without a proper work visa or permit. Violating this rule can result in fines and deportation.

Q: How do deportation proceedings work?

A: Deportation Proceedings

A deportation case is filed before the Bureau of Immigration and may be initiated for various offenses, including overstaying or working without a permit. The proceedings follow a legal process, including hearings, before a decision is made.

Q: What happens if someone is blacklisted by the Philippine immigration?

A: Consequences of Being Blacklisted

Being blacklisted generally means that a foreign national is banned from entering the Philippines. Reasons for blacklisting can range from criminal offenses to immigration violations. Removal from the blacklist is sometimes possible but involves a legal process.

Q: Can a foreign national acquire Philippine citizenship?

A: Acquiring Philippine Citizenship

Yes, a foreign national can apply for naturalization, subject to fulfilling certain requirements, including residency duration, character references, and a naturalization exam, among others.

Q: What are the requirements for extending a tourist visa?

A: Extending a Tourist Visa

Requirements may include a duly accomplished visa extension form, valid passport, proof of financial capacity, and payment of required fees. The extension is subject to approval by the Bureau of Immigration.

Q: Is dual citizenship allowed in the Philippines?

A: Dual Citizenship

Yes, the Philippines recognizes dual citizenship for natural-born Filipinos who have acquired foreign citizenship. This allows for the retention or re-acquisition of Philippine citizenship while maintaining foreign nationality.

Note:

Immigration laws and regulations are subject to change and may vary based on individual circumstances. It is advisable to consult with an immigration lawyer for tailored advice.

Failed to attend hearing

Q: What happens if the respondent fails to attend two scheduled hearings? What is the next step?

A: Procedures and Consequences When a Respondent Fails to Appear for Scheduled Hearings in the Philippines

Q: After two missed hearings, can the case proceed without the respondent?

A: Yes, under Philippine procedural law, if the respondent fails to appear for scheduled hearings despite proper notice, the court may allow the case to proceed "ex parte," meaning without the presence of the respondent.

Q: What is the significance of proper notice in this context?

A: Proper notice means that the respondent was duly informed of the hearing dates in a manner prescribed by law, often through a formal notice or summons. Failure to attend the hearings must be without justifiable cause for the case to proceed ex parte.

Q: What actions should the complainant take after the respondent misses two hearings?

A: The complainant should make a formal request to the court to proceed with the case ex parte. Documentation proving that proper notice was provided to the respondent will be essential at this stage.

Q: What happens if the court allows the case to proceed ex parte?

A: The court may proceed with the hearing and make judgments based on the evidence and testimonies presented by the complainant. The respondent forfeits the right to present their side or dispute the complainant’s claims.

Q: Can the respondent rejoin the case after being declared "ex parte"?

A: Rejoining the case after being declared ex parte is typically difficult but may be possible under exceptional circumstances, like proving that there was a compelling reason for the absence that couldn't have been avoided.

Q: Is there a possibility for the case to be dismissed due to the respondent's absence?

A: Generally, the absence of the respondent does not lead to the dismissal of the case if the complainant wishes to proceed. The court will consider the complainant's evidence and can issue a judgment accordingly.

Q: Are there penalties or consequences for the respondent for not attending the hearings?

A: Yes, besides losing the opportunity to present their case, the respondent may also face contempt of court charges for failing to appear, depending on the nature of the case and the judge's discretion.

Q: What if the respondent contests the ex parte decision later?

A: Contesting an ex parte decision is possible but challenging. The respondent would need to file a Motion for Reconsideration and provide compelling evidence or reasons for their absence to convince the court to review the case anew.

Note:

The procedures may vary depending on the specific court and the nature of the case. Always consult a qualified attorney for legal advice tailored to your situation.

Illegitimate child support

Q: Can I seek child support even if I am not married to the father of my child? The child carries the father's last name.

A: Child Support for Children Born Out of Wedlock in the Philippines

Q: Is child support only for legitimate children?

A: No, child support is not solely for legitimate children. In the Philippines, both legitimate and illegitimate children have the right to receive support from their parents, as mandated by the Family Code.

Q: Does the child carrying the father's last name have any bearing?

A: The use of the father's surname doesn't automatically establish paternity, but it can serve as evidence that the father has publicly acknowledged the child. Recognition of paternity is crucial in claims for child support.

Q: How do I legally establish paternity for my child?

A: Paternity can be established in several ways:

1. Voluntary acknowledgment by the father.
2. Filing a petition for compulsory acknowledgment.
3. Evidence such as DNA tests.

Q: Where can I file a claim for child support?

A: Claims for child support can generally be filed at the Family Court in the jurisdiction where you or the child resides.

Q: What kind of support can I ask for?

A: Child support typically covers:

• Basic necessities such as food, shelter, and clothing
• Education
• Healthcare
• Other additional costs that are deemed necessary for the child's well-being

Q: What if the father refuses to provide support?

A: If the father refuses to provide support, you can take legal action. Non-compliance with a court order for child support can result in contempt of court, financial penalties, or even imprisonment for the non-compliant parent.

Q: Can the amount of child support be modified?

A: Yes, the amount can be modified depending on the needs of the child and the financial capacity of the parents. Either parent can petition the court for a modification.

Q: Does the father have any rights over the child?

A: Even if the child is illegitimate, the father has some rights, such as visitation, especially if he acknowledges the child and contributes to the child's support.

Note:

This article is intended for informational purposes only. For specific advice tailored to your situation, it is best to consult a qualified family lawyer in the Philippines.