Best Elder Law Lawyers in Imus

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List of the best lawyers in Imus, Philippines

Dagsaan Monterde Castillo Law and Notary Public (DMC LAW)

Imus, Philippines

Founded in 2022

5 people in their team

Tagalog

English

DAGSAAN MONTERDE CASTILLO LAWAt Dagsaan Monterde Castillo Law (DMC Law), we provide legal counsel across a comprehensive range of practice areas, serving individuals, families, and organizations throughout Luzon.Our firm is founded on the principles of professional diligence, integrity, and a...

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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

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About Elder Law in Imus, Philippines

Elder Law in Imus, Philippines is a specialized area of legal practice that covers a range of issues affecting the elderly population, including health care, long-term care planning, retirement, guardianship, and even abuse. The laws encompass not only the rights and protections of the elderly, but also the legal intricacies of caring for an aging population. While many laws are enforced at a national level, local nuances in Imus can affect legal consultations and decisions.

Why You May Need a Lawyer

In numerous cases, legal help could be beneficial when dealing with Elder Law in Imus. For instance, if you are drafting a will or trust, seeking to become a guardian, dealing with disputes over healthcare, pension benefits, or property concerns. Another common area requiring representation is when allegations of elder abuse or neglect arise. A knowledgeable lawyer can provide invaluable advice and support, navigating the complexities of the legal process, ensuring rights are upheld and resolving disputes in a favorable manner.

Local Laws Overview

The key legal provisions of elder law pertinent in Imus primarily fall under the Republic Act No. 9994, also known as Expanded Senior Citizens Act of 2010. This law provides for a 20% discount and exemption from the value-added tax (VAT) for senior citizens on the purchase of certain goods and services. Regulations also pertain to compulsory PhilHealth coverage, social pensions, and grants for indigent senior citizens. Elder abuse, neglect, and exploitation have penalties under the Anti-Violence Against Women and their Children Act of 2004 and the Anti-Elder Abuse Act.

Frequently Asked Questions

1. What counts as elder abuse under Philippine Law?

Elder abuse can be physical, psychological, or financial in nature. Physical abuse may involve violence or neglect, while psychological abuse could include verbal abuse or forced isolation. Financial abuse could involve property manipulation or theft.

2. Can I appoint a guardian for myself?

Yes, you can designate a legal guardian in advance through a power of attorney. This person will make decisions on your behalf if you become unable to do so.

3. What is a social pension?

It's a support stipend provided by the government to indigent senior citizens who are frail, sickly, or with disability, and without any regular source of income or financial assistance.

4. How can I ensure my retirement funds are legally protected?

Seeking legal advice can help you establish a secure and lawful framework for your retirement funds, which may involve creation of trusts or selecting power of attorney.

5. What legal protections do I have against health insurance denials?

There are legal recourses in the Philippines against unjust health coverage denials. An attorney can guide you through the appeal process.

6. How does the law handle elders with no next of kin?

In such instances, when a senior citizen has no direct family, the Department of Social Welfare and Development (DSWD) steps in to assess and provide the necessary assistance.

7. What do elder law advocates do?

They advocate for the rights and welfare of the elderly, helping in areas such as estate planning, powers of attorney, elder abuse cases, and other legal issues specific to the elderly.

8. Can a lawyer help with power of attorney disputes?

Yes, a lawyer can help mediate or litigate disputes regarding power of attorney, ensuring decisions are made in the person's best interest.

9. How can a lawyer assist in estate planning?

Lawyers can help create wills, trusts, and other plans to ensure that assets are distributed according to your wishes after you pass away. They also provide advice to mitigate inheritance taxes.

10. Can a senior citizen get out of a contract?

Philippine law provides rules for contract rescission or annulment. If a contract is unfairly biased or if there was a lack of understanding due to health or mental status, it may be voided.

Additional Resources

Elderly residents of Imus or their caretakers may approach governmental bodies like the Department of Social Welfare and Development (DSWD) for financial and social assistance. Other helpful resources include the Senior Citizens Affairs Office (OSCA) in Imus and the local offices of the Philippine Health Insurance Corporation (PhilHealth).

Next Steps

If you are in need of legal assistance in Elder Law in Imus, Philippines, the first step would be to consult a local lawyer who specializes in Elder Law. They can provide specific advice tailored to your situation, helping to safeguard rights and effectively address issues to your best interest. Being resilient and knowledgeable about your rights and protections is equally important in the journey for justice or resolution.

Lawzana helps you find the best lawyers and law firms in Imus 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 Imus, 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.