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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 Central, Philippines
Elder Law in Central, Philippines mainly encompasses the legal issues and rights pertinent to the elderly population. This field of law is designed to address the unique challenges faced by older adults in areas such as healthcare, retirement planning, guardianship, and elder abuse. The goal is to protect and empower senior citizens by ensuring their legal, financial, and health-related needs are met comprehensively within the framework of national and local laws.
Why You May Need a Lawyer
Individuals may require legal assistance in Elder Law for several reasons:
• Planning for long-term care and ensuring their wishes are honored in matters concerning healthcare decisions and quality of life.
• Ensuring their estate is managed and distributed according to their desires, through wills, trusts, and other estate planning documents.
• Navigating complex issues related to guardianship and power of attorney, ensuring legal rights are maintained and interests are protected if they become incapacitated.
• Seeking protection against elder abuse and exploitation, whether physical, emotional, or financial.
• Understanding and accessing governmental benefits and entitlements, such as pensions or veterans’ benefits.
Local Laws Overview
In Central, Philippines, several laws specifically address the concerns of the elderly. Key aspects include:
• The Expanded Senior Citizens Act which provides benefits and privileges for senior citizens, including discounts on various services and products, and healthcare access.
• The Anti-Elder Abuse Law focusing on preventing and addressing abuse, neglect, and exploitation of older adults.
• Laws on guardianship and advance directives, allowing elders to make informed decisions about their personal and financial care, providing legal mechanisms to protect these decisions.
Understanding and navigating these local regulations is essential for protecting the rights and well-being of senior citizens.
Frequently Asked Questions
What is the role of a lawyer in elder law?
A lawyer's role in elder law is to help clients navigate legal issues surrounding aging, from estate planning and healthcare directives to managing medical and financial powers of attorney.
At what age can someone benefit from Elder Law services?
While there is no specific age, typically individuals begin considering Elder Law services around retirement or when age-related legal and healthcare decisions become necessary.
How do I report elder abuse?
To report elder abuse in Central, Philippines, you can contact local law enforcement or social welfare services. It is crucial to provide detailed information about the abuse to ensure a timely response.
What are the healthcare rights of senior citizens?
Senior citizens in the Philippines are entitled to healthcare benefits under the Expanded Senior Citizens Act, including access to government healthcare facilities and discounts on medical services and products.
How can a lawyer assist with estate planning?
A lawyer can draft and review wills, establish trusts, and ensure all legal documents reflect your wishes to ensure your estate is managed according to your intentions after your passing.
What discounts can seniors avail of under Philippine law?
Senior citizens can avail of discounts on transportation, utilities, hotels, dining, medical services, and products as provided under the Expanded Senior Citizens Act.
Can a senior citizen change their guardianship arrangements?
Yes, senior citizens can change guardianship arrangements if they possess the mental capacity to do so. Legal advice should be sought to ensure the process is properly executed.
Are there legal protections against financial exploitation of seniors?
Yes, the Anti-Elder Abuse Law includes protections against financial exploitation, and legal channels are available to address and rectify such issues.
What are the legal means to ensure my medical care preferences are honored?
Legal documents such as advance healthcare directives and living wills enable individuals to outline their medical care preferences and ensure they are followed.
How can a lawyer help with accessing government benefits?
A lawyer specializing in Elder Law can help navigate and apply for benefits, ensuring eligibility requirements are met and rights to benefits are protected.
Additional Resources
For more information, consider reaching out to these organizations:
• The Department of Social Welfare and Development (DSWD) for services and programs for senior citizens.
• Local senior citizen centers for community-specific information and assistance.
• Non-governmental organizations focusing on elder rights and welfare for guidance and support.
Next Steps
If you require legal assistance in Elder Law, consider the following next steps:
• Consult with an attorney who specializes in Elder Law in your area to discuss your specific concerns and receive targeted legal advice.
• Gather any important documents and details about your situation before your consultation to ensure a comprehensive discussion.
• Explore community resources, such as support groups or workshops, to learn more about Elder Law and stay informed on issues affecting senior citizens.
Taking these steps can provide clarity and peace of mind, ensuring that you or your loved ones are equipped with the knowledge and resources necessary to navigate the complexities of aging with dignity and legal protection.
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.