Question 1

Where is Matiling & Maghopoy Law Office located?

Accepted Answer

Our office is located at 2nd Floor, Dona Maria Bldg., Avancena Street, Cor. San Jose St., Molo, Iloilo City, Philippines 5000.

Question 2

What are your office hours?

Accepted Answer

We are open Monday to Friday from 9:00 AM to 5:00 PM, Saturday from 9:00 AM to 12:00 PM, and closed on Sundays.

Question 3

How do I schedule a consultation?

Accepted Answer

You can schedule a consultation by calling us at 0998 444 8814, emailing matilingmaghopoylaw@gmail.com, or using our online contact form.

Question 4

What areas do you serve?

Accepted Answer

We primarily serve clients in Iloilo City and the Western Visayas region (Panay Island), but we also serve clients nationwide across the Philippines.

Question 5

How much does a legal consultation cost?

Accepted Answer

Consultation fees vary depending on the nature and complexity of the legal matter. Contact us for a free initial assessment of your case.

Question 6

What should I do if I was illegally dismissed from my job in the Philippines?

Accepted Answer

If you believe you were illegally dismissed, you should file a complaint with the National Labor Relations Commission (NLRC) within 4 years under Article 294 of the Labor Code. You may be entitled to reinstatement, back wages, and separation pay depending on the circumstances of your case.

Question 7

How long do I have to file a labor complaint?

Accepted Answer

For illegal dismissal cases, you have 4 years to file a complaint. For money claims such as unpaid wages, overtime pay, and other benefits, the prescriptive period is 3 years under Article 306 of the Labor Code.

Question 8

Can I file a labor case even if I signed a quitclaim?

Accepted Answer

Yes, you may still file a labor case even after signing a quitclaim. Under established jurisprudence, quitclaims can be voided if they were signed under duress, obtained through fraud, or involve unconscionably low amounts that do not represent a reasonable settlement.

Question 9

What is the process for filing a case with the NLRC?

Accepted Answer

The process begins with filing a verified complaint at the appropriate Regional Arbitration Branch. This is followed by mandatory conciliation and mediation proceedings. If the dispute remains unresolved, the case proceeds to arbitration where a Labor Arbiter will hear the case and render a decision.

Question 10

Are BPO employees covered by Philippine labor laws?

Accepted Answer

Yes, BPO employees are fully covered by Philippine labor laws regardless of the nationality of their employer. All workers performing services within the Philippines are entitled to the full protection of the Labor Code and related regulations.

Question 11

What legal requirements are needed to start a business in the Philippines?

Accepted Answer

Starting a business requires SEC registration for corporations and partnerships, or DTI registration for sole proprietors. Additional requirements include obtaining a barangay clearance, mayor's permit, and BIR registration. The specific requirements may vary depending on the type of business and location.

Question 12

Can foreigners own a business in the Philippines?

Accepted Answer

Foreign ownership of businesses in the Philippines is subject to restrictions under the Foreign Investments Negative List (FINL). Some industries allow 100% foreign ownership, while others have caps or are reserved for Filipino citizens. It depends on the specific industry and type of business activity.

Question 13

What is the difference between SEC and DTI registration?

Accepted Answer

SEC (Securities and Exchange Commission) registration is required for corporations and partnerships under the Revised Corporation Code, covering entities with multiple owners and more complex structures. DTI (Department of Trade and Industry) registration is for sole proprietors operating a business under a single owner.

Question 14

How do I verify if a property title is clean?

Accepted Answer

To verify a property title, you should conduct a title verification at the Registry of Deeds, check for any liens or encumbrances, verify tax declarations with the local assessor's office, and confirm the seller's identity and authority to sell. It is highly recommended to engage a lawyer to conduct thorough due diligence.

Question 15

What taxes do I need to pay when buying property in the Philippines?

Accepted Answer

When buying property, you should expect to pay the capital gains tax (6% of the selling price or zonal value, whichever is higher), documentary stamp tax (1.5% of the selling price or zonal value), transfer tax (varies by locality), and registration fees at the Registry of Deeds.

Question 16

Can foreigners buy property in the Philippines?

Accepted Answer

Foreigners cannot own land in the Philippines under the Constitution. However, they can own condominium units as long as foreign ownership does not exceed 40% of the total units in a building. Foreigners may also lease land for up to 50 years, renewable for another 25 years.

Question 17

What should I do if I receive a subpoena?

Accepted Answer

If you receive a subpoena, you must comply with it as it is a legal order. Consult a lawyer immediately to understand your rights, the nature of the case, and how to properly prepare your response or testimony.

Question 18

How does bail work in the Philippines?

Accepted Answer

Bail is a constitutional right guaranteed to all accused persons, except those charged with capital offenses when the evidence of guilt is strong. Bail can be posted in the form of cash, a property bond, or a surety bond. The amount is set by the court based on the severity of the offense and other factors.

Question 19

How long does an annulment take in the Philippines?

Accepted Answer

Annulment proceedings in the Philippines typically take 1 to 3 years to complete. The duration depends on factors such as court congestion in the jurisdiction, the complexity of the case, and the level of cooperation between the parties involved.

Question 20

What are the grounds for annulment in the Philippines?

Accepted Answer

Under Article 45 of the Family Code, grounds for annulment include lack of parental consent (for marriages of persons aged 18-21), insanity, fraud, force or intimidation, impotence, and sexually transmissible disease. A marriage may also be declared void under Article 36 on the ground of psychological incapacity.

Question 21

How is child custody determined in the Philippines?

Accepted Answer

Child custody is determined based on the best interest of the child standard. Under Article 213 of the Family Code, children below seven years of age shall not be separated from the mother unless the court finds compelling reasons to rule otherwise, such as the mother being unfit.

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