Best Elder Law Lawyers in Angeles City
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Philippines Elder Law Legal Questions answered by Lawyers
Browse our 7 legal questions about Elder Law in Philippines and the lawyer answers, or ask your own questions for free.
- Who has the legal right to own a property: the one with the Tax Dec with the name of the deceased father (still not transferred by other claimants for 20 years) or the one with the copy of Deed of Absolute Sale of the property showing that it was sold by
- Based on the facts you provided, here’s a legal analysis comparing ownership rights between:A. The Heirs of the Deceased Father (name on the Tax Declaration),versusB. Your Side (Buyers who possess a Deed of Absolute Sale, paid real property taxes, planted trees, and occupied the land for over 20 years)Legal Principles to Consider1. Tax Declaration (Tax Dec)A Tax Declaration is not proof of ownership; it’s evidence of possession or a claim of ownership.The fact that it still bears the name of the deceased father means no formal transfer of title or succession has occurred.Tax Decs can support claims of ownership, but they don't override a valid deed or actual possession.2. Deed of Absolute Sale (DOAS)A DOAS is proof of a sale and an agreement to transfer ownership.If it is:Validly executed (signed, notarized, by someone with capacity),Relating to the same land in question,And if you have taken possession and paid taxes,then it is strong legal evidence of ownership, even if not yet registered.3. Payment of Real Property TaxesWhile not conclusive proof of ownership, consistent payment supports your claim of open and notorious possession and recognition by the State (LGU).4. Open, Continuous, Exclusive, and Notorious Possession (OCEN)Under the doctrine of extraordinary acquisitive prescription (under civil law, particularly in the Philippines Civil Code), if you have:Possessed the land publicly, peacefully, and in the concept of an owner,Continuously for over 30 years without need of title,then you may acquire ownership by prescription, even if the property is not yet titled.In ordinary prescription, 10 years with just title (like a DOAS) and good faith can suffice.5. Succession LawThe deceased’s heirs are co-owners by succession, but if they’ve taken no steps for 20 years to assert their rights, and the buyers have acted as owners, this may weaken their claim, especially under laches (failure to assert rights timely).Conclusion: Who Has the Stronger Legal Right?You (Buyers / Possessors) have the stronger legal claim if:The Deed of Absolute Sale is valid, showing sale from the deceased to your father.You have paid property taxes continuously.You’ve been in continuous, peaceful, public possession in the concept of an owner for more than 20 years.The other side never asserted their rights or disrupted your possession.If the property is unregistered, your case is even stronger, especially if prescription applies.What You Can Doverify:Validity of the DOAS.Whether prescription has been completed (based on exact years and possession facts).Apply for judicial confirmation of ownership (if Philippine jurisdiction), or start reconstitution and registration process under your name.Gather supporting proof:Tax receipts.Witness statements.Tree planting records or photos.Boundary surveys showing occupation.If you let us know which country this is (e.g., Philippines, Latin America, etc.), we can cite the specific laws that apply to your case.
- my mother want to revoke donation of properties to 2 grandchildren
- You can contact me on WhatsApp: +38970704335I can share my professional opinion to you.Regards,
- Will the youngest legal child receive all the beneficiaries of parents?
- Please contact me (text) via Viber +38970704335 I answer your question.Regards,Svetislav StojanoskiAttorney at law
About Elder Law in Angeles City, Philippines
In Angeles City, Philippines, Elder Law addresses the legal needs and rights of the elderly population. It encompasses a variety of legal issues that are central to this demographic, related to healthcare, financial management, estate planning, guardianships, retirement benefits, and elder abuse. Advocates specializing in Elder Law ensure legal protections are upheld and aid senior citizens in navigating the complexities of legal systems as they pertain to their lives and well-being.
Why You May Need a Lawyer
Elder Law attorneys provide invaluable services in several common situations:
- Estate Planning: Planning for asset distribution, drafting wills, and creating trusts to manage one's estate after death.
- Healthcare Directives: Assisting in drafting living wills or healthcare proxies that specify medical treatment preferences.
- Guardianship and Conservatorship: Establishing legal guardianships for elders who can no longer manage their affairs.
- Elder Abuse: Addressing issues related to physical, emotional, or financial abuse and exploitation of seniors.
- Retirement Benefits: Understanding rights and benefits under the Social Security System (SSS) or other retirement plans.
- Long-term Care Planning: Guidance in selecting and financing long-term care facilities or services.
Local Laws Overview
Elder Law in Angeles City is influenced by both national and local legislations. Key aspects include:
- Senior Citizens Act: Laws that provide various benefits to senior citizens, including discounts, tax exemptions, and healthcare privileges.
- Anti-Violence Against Women and Children Act: Relevant for elderly women who may face abuse.
- Family Code: Provisions dealing with support, obligations, and property succession which affect elderly individuals.
- Data Privacy Act: Protecting personal information of seniors, especially in healthcare settings.
Frequently Asked Questions
What is Elder Law?
Elder Law is a specialized area of legal practice focusing on issues affecting the aging population, including estate planning, healthcare, and protection against elder abuse.
At what age does one become a senior citizen in the Philippines?
In the Philippines, a person is considered a senior citizen once they reach the age of 60.
What legal documents should a senior citizen consider preparing?
Senior citizens should consider drafting a will, healthcare directive or proxy, power of attorney, and living trust to ensure their wishes are respected.
How can I protect my elderly loved one from financial exploitation?
Seek legal counsel to establish safeguards like durable power of attorney, regularly monitor bank accounts, and ensure trustworthy caretakers and financial advisors are involved.
Are there laws protecting the elderly against abuse in the Philippines?
Yes, several laws protect the elderly from abuse, including the Anti-Violence Against Women and Children Act and provisions under the Revised Penal Code regarding abuse.
What benefits are available to senior citizens in Angeles City?
Senior citizens in Angeles City may receive benefits such as discounts on medicines and services, tax exemptions, and prioritized access to government services.
Can a senior citizen in Angeles City apply for social pension?
Yes, indigent senior citizens may apply for social pensions provided by the Department of Social Welfare and Development in the Philippines.
What is a guardianship for the elderly?
Guardianship is a legal arrangement where a guardian is appointed to make decisions for an elderly person who cannot manage their affairs due to incapacity.
How do I contest a will or trust in Angeles City?
You can contest a will or trust by filing a case in the appropriate court, typically on grounds such as undue influence, fraud, or lack of capacity.
Are there legal options if I suspect neglect in a care facility?
Yes, you can seek legal advice to explore options like filing a complaint with regulatory bodies or taking civil or criminal legal action.
Additional Resources
Here are some resources that can offer support and information related to Elder Law:
- Department of Social Welfare and Development (DSWD): Offers programs and assistance for senior citizens.
- Senior Citizens Affairs Office (OSCA): Provides local support and resources tailored to senior citizens.
- Philippine Legal Aid Programs: Offers free or low-cost legal advice to seniors who qualify.
Next Steps
If you or a loved one need legal assistance in Elder Law, consider the following steps:
- Consult with a specialized Elder Law attorney to discuss your specific concerns and situation.
- Gather all necessary documents and information pertinent to your legal needs before your consultation.
- Utilize the resources mentioned above for preliminary information and guidance.
- Contact local governmental bodies or legal aid groups for assistance if financial resources are limited.
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.