Best Elder Law Lawyers in Manila
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Philippines Elder Law Legal Questions answered by Lawyers
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- 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 Law in Manila, Philippines:
Elder Law focuses on legal issues that affect older individuals, particularly those related to healthcare, long-term care, estate planning, and protecting the rights of senior citizens. In Manila, Philippines, Elder Law aims to provide comprehensive legal assistance to elderly individuals and their families, ensuring their well-being and protection.
Why You May Need a Lawyer:
There are several situations where seeking legal help in Elder Law is advisable. Some common scenarios include:
- Creating a will or estate plan to protect assets and ensure their proper distribution.
- Applying for government programs and benefits, such as social security or Medicare.
- Negotiating long-term care contracts or resolving disputes with care facilities.
- Challenging cases of elder abuse, neglect, or financial exploitation.
- Navigating the legal aspects of healthcare decision-making, including the appointment of a healthcare proxy or drafting advance directives.
Local Laws Overview:
Key aspects of local laws related to Elder Law in Manila, Philippines include:
- The Senior Citizens Act of the Philippines, which provides benefits and privileges to elderly individuals, including discounts on healthcare services, medicines, and transportation.
- The Mandatory PhilHealth Coverage for Senior Citizens Act, which ensures that senior citizens have health insurance coverage.
- The Expanded Senior Citizens Act, offering additional benefits such as income tax exemptions, social pension, and free vaccinations for elderly persons.
- The Anti-Abuse Law for Elderly Persons and the Anti-Violence Against Women and Their Children Act, which protect the rights of elderly individuals against abuse, neglect, and exploitation.
Frequently Asked Questions:
1. What is the legal age for senior citizenship in Manila, Philippines?
In Manila, Philippines, an individual can be considered a senior citizen at the age of 60 or above.
2. How can I apply for senior citizen benefits?
To apply for senior citizen benefits, you will need to present proof of age, residence, and identification to the Office of Senior Citizen Affairs in your local government unit. They will assist you in processing your application.
3. Can I still create a will even if I am already a senior citizen?
Yes, as a senior citizen, you can still create a will to ensure the proper distribution of your assets. It is advisable to seek legal advice when drafting a will to ensure its validity and compliance with local laws.
4. What should I do if I suspect elder abuse/neglect?
If you suspect elder abuse or neglect, it is important to report it immediately to the local authorities or the nearest social welfare office. They will investigate the matter and take appropriate action. Consult a lawyer who specializes in Elder Law for legal guidance in such cases.
5. Are there any legal provisions for healthcare decision-making in Manila, Philippines?
Yes, in Manila, Philippines, you can appoint a healthcare proxy or executor of a living will to make healthcare decisions on your behalf if you are unable to do so. Consulting an Elder Law attorney can help you navigate the legal aspects of healthcare decision-making.
Additional Resources:
Here are some additional resources that can be helpful for someone in need of legal advice in Elder Law:
- Philippine Association of Geriatric Medicine: www.pagm.ph
- Department of Social Welfare and Development: www.dswd.gov.ph
- Office of Senior Citizen Affairs, Manila: www.manila.gov.ph/office-of-senior-citizen-affairs/
Next Steps:
If you need legal assistance in Elder Law in Manila, Philippines, follow these steps:
- Identify your specific legal issue in Elder Law.
- Research and shortlist Elder Law attorneys or firms in Manila, Philippines.
- Contact the selected attorneys to schedule a consultation.
- Prepare necessary documents and information related to your case.
- Attend the consultation and discuss your legal concerns in detail.
- Evaluate the potential attorney based on their expertise and understanding of your case.
- Select the attorney you feel most comfortable working with and proceed with their guidance.
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.