Best Elder Law Lawyers in Baguio City
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List of the best lawyers in Baguio City, Philippines
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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 Baguio City, Philippines:
Elder Law in Baguio City, Philippines covers a wide range of legal issues affecting older individuals, including estate planning, guardianship, long-term care, retirement benefits, and more. It aims to protect the rights and well-being of seniors in various legal matters.
Why You May Need a Lawyer:
You may need a lawyer specializing in Elder Law in Baguio City if you are dealing with issues such as creating a will, setting up a trust, applying for government benefits, facing elder abuse, or seeking long-term care planning. A lawyer can provide guidance, representation, and ensure your rights are protected.
Local Laws Overview:
In Baguio City, Philippines, key aspects of Elder Law include the Senior Citizens Act, which provides benefits and privileges to older individuals, the Family Code, governing inheritance and family relations, and the Rules of Court, which outline procedures for legal matters involving seniors.
Frequently Asked Questions:
Q: What are the benefits available for senior citizens in Baguio City?
A: Senior citizens in Baguio City are entitled to various benefits, including discounts on goods and services, priority access to government services, and exemption from the value-added tax.
Q: How can I ensure my assets are protected as I age?
A: You can work with an Elder Law attorney to create an estate plan, including a will or trust, to ensure your assets are distributed according to your wishes and protected from potential disputes.
Q: What should I do if I suspect elder abuse?
A: If you suspect elder abuse, it is important to contact local authorities or a lawyer specializing in Elder Law immediately to ensure the safety and well-being of the affected individual.
Additional Resources:
For more information on Elder Law in Baguio City, you can contact the City Social Welfare and Development Office, the Integrated Bar of the Philippines - Baguio Chapter, or the Department of Justice - Office for Senior Citizens Affairs.
Next Steps:
If you require legal assistance in Elder Law in Baguio City, Philippines, consider contacting a reputable law firm specializing in Elder Law to discuss your specific needs and explore your options for legal representation and advice.
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.