Best Elder Law Lawyers in Dumaguete

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Recososa Law Firm
Dumaguete, Philippines

Founded in 2020
11 people in their team
English
Tagalog
All Specialization Law Firm & Notary Public located at the heart of Cebu City In IT Park Lahug. From Commercial Law, Labor Law, Immigration Law, Criminal Law such as Estafa, Cybercrime like Cyberlibel, Defamation, Fraud, Criminal Prosecution, Civil Law, Land Dispute, Land Registration,...
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Philippines Elder Law Legal Questions answered by Lawyers

Browse our 8 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
Estate Planning
Elder Law
Trusts
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.
Confusion about who has right to sell deceased parents property
Elder Law
Will & Testament
Contact me on WhatsApp: ++38970704335I can share my professional opinion with you.Best Regards,
my mother want to revoke donation of properties to 2 grandchildren
Estate Planning
Family
Elder Law
Will & Testament
You can contact me on WhatsApp: +38970704335I can share my professional opinion to you.Regards,

About Elder Law in Dumaguete, Philippines

Elder Law is a specialized area that addresses the unique legal needs of senior citizens. In Dumaguete, as in the rest of the Philippines, Elder Law encompasses a range of topics such as retirement, healthcare, guardianship, estate planning, social pensions, property management, and protection against abuse or exploitation. Laws and programs derived from national legislation, such as the Senior Citizens Act and the Family Code, are implemented by local government units and offices to provide protection and support to seniors in the city.

Why You May Need a Lawyer

As people age, they are often confronted with unique legal challenges that differ from the younger population. Some common scenarios where legal advice is helpful include:

  • Drafting a will or trust to ensure assets are distributed according to your wishes
  • Securing healthcare decisions, powers of attorney, and advance directives
  • Applying for government benefits, pensions, and social security programs
  • Preventing or responding to elder abuse or financial exploitation
  • Establishing guardianship or conservatorship for incapacitated seniors
  • Resolving family disputes regarding inheritance or caregiving responsibilities
  • Managing and transferring real property or other assets
  • Accessing healthcare services and ensuring patients' rights are upheld

Having a legal expert ensures your rights and interests are respected and protected throughout these processes.

Local Laws Overview

Dumaguete, being part of the Philippines, enforces laws that have specific implications for its senior citizens. Some important laws and programs include:

  • Republic Act No. 9994 (Expanded Senior Citizens Act of 2010) - This law entitles seniors to discounts on goods and services, tax exemptions, healthcare benefits, and other privileges.
  • Social Pension Programs - The Department of Social Welfare and Development (DSWD) provides a social pension for indigent seniors.
  • Guardianship and Substitution - Legal provisions exist for the appointment of a legal guardian for seniors who are unable to manage their affairs due to incapacity.
  • Healthcare Rights - Seniors are entitled to priority in healthcare services and special lanes in public institutions.
  • Protection from Abuse - The Anti Elder Abuse Act and other criminal statutes protect seniors from abuse, neglect, or exploitation by relatives and strangers.
  • Estate Laws - Property inheritance is guided by the Civil Code and the Family Code, ensuring lawful and fair distribution to heirs and beneficiaries.

Local ordinances, such as priority lanes and local discount programs, further enhance these protections and benefits for Dumaguete's elderly community.

Frequently Asked Questions

What benefits are available for senior citizens in Dumaguete?

Senior citizens are entitled to discounts on medicines, basic goods, transportation, healthcare services, and some utility bills, as well as exemptions from value-added tax on certain purchases. They may also receive a social pension, free medical and dental services, and priority lanes in establishments.

How do I apply for a senior citizen's ID in Dumaguete?

You must visit the Office of the Senior Citizens Affairs (OSCA) in Dumaguete, bring proof of age and Dumaguete residency, and fill out the required forms. Once approved, you will receive your ID card, which facilitates access to privileges.

What legal steps are involved in drafting a will in the Philippines?

The will must be in writing, signed by the testator and witnessed by at least three credible witnesses. Legal consultation is strongly advised to ensure all legal requirements are met and to avoid contestation by heirs.

How can I ensure I am not financially exploited?

Designation of a trusted attorney-in-fact, creation of a power of attorney, and regular review of financial statements help prevent financial abuse. Consulting a lawyer can help set legal safeguards and monitor your financial affairs.

What should I do if I suspect elder abuse?

Report incidents immediately to the Department of Social Welfare and Development (DSWD), the police, or the Office of the Senior Citizens Affairs. You can also consult a lawyer to help you navigate protection measures and possible criminal charges against abusers.

Can a senior citizen be declared legally incapacitated?

Yes, if a court determines that a senior can no longer manage their own affairs due to physical or mental incapacity. The court may then appoint a legal guardian to handle decisions on their behalf.

What inheritance laws apply to seniors in Dumaguete?

Philippine inheritance follows the Civil Code, which mandates compulsory heirs such as spouses, legitimate and illegitimate children, and parents. Free disposal of assets only applies to the portion remaining after compulsory shares are allocated.

How can a senior citizen access government pensions?

Eligible seniors can apply for the social pension at the DSWD office or through the local government unit by submitting proof of identity, age, and income status.

What legal protections are available for health care decisions?

Advance directives and powers of attorney allow seniors to designate a trusted individual to make health care decisions. Laws also require informed consent for medical procedures.

Where can seniors get free legal advice in Dumaguete?

The Public Attorney's Office (PAO) offers free legal assistance. Senior citizens may also receive help from local non profit organizations and the Dumaguete City Legal Office.

Additional Resources

If you or someone you care about needs information or assistance on Elder Law matters in Dumaguete, here are helpful local resources:

  • Office of the Senior Citizens Affairs (OSCA) Dumaguete
  • Department of Social Welfare and Development (DSWD) Region VII
  • Public Attorney's Office (PAO), Dumaguete
  • Dumaguete City Legal Office
  • Local non profit organization and barangay councils for senior citizen affairs

Next Steps

If you believe you require legal assistance concerning Elder Law:

  • Gather all relevant documents related to your concern, such as IDs, contracts, property titles, health records, or financial statements.
  • Make a list of your questions or legal goals to organize your consultation.
  • Contact your local OSCA, DSWD office, or a reputable local lawyer with experience in Elder Law.
  • If you cannot afford private counsel, visit the Public Attorney's Office or inquire with city legal offices for free or subsidized services.
  • Attend your appointment prepared and be open about your needs so the lawyer can suggest the best course of action.

Proactively seeking legal guidance ensures protection of your rights and the welfare of your loved ones as you navigate the later stages of life in Dumaguete.

Lawzana helps you find the best lawyers and law firms in Dumaguete through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Elder Law, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Dumaguete, Philippines - quickly, securely, and without unnecessary hassle.

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.