CHILD SUPPORT

The client has been separated from her husband. The client claimed that they
were wed by the mayor of their province. Her husband has not been giving their
child any support he took off with another woman. The client is currently jobless and
has been supporting her children through the amount she receives from her sister
for taking care of her nephews and nieces. Their child is now in the elementary
school. The client wants that her husband be obligated to support their children
until they finished their course in college. The client wants know if this is possible.
The lawyer answered in the affirmative based on Article 194 of the Family
Code. However, the lawyer told to the client that the amount of support shall be in
proportion to the resources or means of the giver to the necessities of the recipient.
A memorandum of agreement between her and her husband was executed.
The said agreement pertains to the support of their child who was born on January
18, 2010. Both parties agreed that her husband will provide financial support of not
less than two thousand pesos (Php 2,000.00) every payday or every 15 th and 30th of
every month subject to increase if financial condition of the husband improves.
However, due to the husbands noncompliance with the memorandum of
agreement dated March 23, 2016, he incurred obligation amounting to forty-six
thousand two hundred thirty-seven pesos and fifty-one centavos. The husband
agrees to provide an additional amount of five hundred pesos (php 500.00) every
pay day or every 15th or 30th of every month until the full amount of forty-six
thousand two hundred thirty-seven pesos and fifty-one centavos (Php 46,237.51.00)
has been totally paid.
The lawyer asks questions to the client to get information during the
conversation. The client becomes emotional while delivering her statements for the
support of her child. The client did not withhold any information about her husband
having engage with another woman. While the client is providing some information,
the lawyer is looking at the client reflecting his contents and feelings. Also, during
the conversation the lawyer is using his hands for gesturing while speaking in a
clear, audible voice without undue hesitations.
The lawyers introduction of himself to the client using his first name is an
effective way and factor to establish rapport to the client. He welcomed his client by
saying, Hello, Im Atty. Mark Gil Ramolete with a friendly attitude that builds
confidence trust upon the client who is at that time had some difficulties to sleep as
seen in her eyes
As recommendation, one must be prepared in giving legal advices by taking
note of the clients words and use responses and questions that encourage the
client to continue talking, and avoid limiting responses and questions.
 ISSUE ABOUT SETTLEMENT OF PAYMENT OF BORROWED SUM OF MONEY

Accordiing to the client, a person named Oscar owes her forty thousand
pesos (Php 40,000.00). Because it had been taking Oscar years for the money he
borrowed from her. Luisita filed a complaint before the barangay. At the
Katarungang Pambarangay proceedings, Oscar signed a settlement agreement in
favor of the client admitting that he borrowed money from her and promising the
client to pay twenty thousand pesos per month in two months time. According to
the client this happened in April. However, Oscar still refuses to pay her. He
submitted a letter to the barangay stating that whatever he signed in April should
be given effect because it was not accurate. In the letter Oscar states that he can
only pay the client if he gets a contract to get back to his job as a seafarer. The
client wants to know if Oscar can validly do that.
According to the lawyer, Oscar must pay the client according to the
agreement that both of them signed before the barangay. He can validly repudiate
the agreement if he can prove that at the time he signed the agreement his consent
was vitiated with fraud, violence or intimidation. In addition, the lawyer said the
most crucial factor is that he should be able to repudiate the agreement within ten
(10) days from the time of submission of the agreement before the lupon of the
barangay based on Section 418 of the Local Government Code. Oscar cannot
repudiate the agreement if more than ten (10) days had passed since the
submission of the agreement.
The lawyer greeted the client with positivity. As to the physical appearance,
the lawyer wore a formal attire during the counseling. The client was listening
carefully to the advices given by the lawyer and she asks questions pertaining to
the problem.
At the end of the interview, the lawyer understands the goals the client hopes
to achieve. The lawyer has an adequate level of trust with the client. The client was
calm during the statement of her problem. She wishes only to pay the amount of
money owed to her by the debtor and will not file any action anymore.
Same recommendation I will give to the previous issue which needs legal
counseling. Use responses and questions that encourage the client to continue
talking, and avoid limiting responses and questions. The client should trust the
lawyer enough to allow the lawyer to proceed with the case.