Best Elder Law Lawyers in Ormoc City
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List of the best lawyers in Ormoc 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 Ormoc City, Philippines
Elder Law in Ormoc City pertains to the body of legal principles regulating the rights, health care, and property of individuals aged 60 and above. The legal framework encompasses provisions for elder care, government benefits, long-term care planning, retirement, estate planning, protection against elder abuse and scams, and more.
Why You May Need a Lawyer
Difficulties can arise due to understanding complex local, regional and national laws, and consequently, professional intervention is often necessary. You may need a lawyer to help in cases of elder abuse or neglect, investment and consumer fraud targeting the elderly, disputes over wills, trusts, estates, or inheritances, guardianship and conservatorship issues, long-term care and medical decision-making issues, and social security or other government benefits assistance.
Local Laws Overview
The local Elder Law in Ormoc City, the “Expanded Senior Citizens Act of 2010,” provides a multitude of rights and benefits to senior citizens. This includes a 20% discount and exemption from the value-added tax (VAT) on certain goods and services, free medical and dental services in government facilities, educational privileges, income tax exemptions, and mandatory PhilHealth coverage. Other local ordinances may also enhance these benefits.
Frequently Asked Questions
What does Elder Law cover specifically in Ormoc City?
Elder Law in Ormoc City covers a wide range of issues, including elder care and protection, benefits, long-term care planning, retirement, estate planning, and rights protection against elder abuse.
What rights do senior citizens have in Ormoc City?
Senior citizens in Ormoc City have rights such as a 20% discount and VAT exemption on specific goods and services, free medical and dental services, educational benefits, income tax exemptions, and PhilHealth coverage.
When should I consider hiring an Elder Law attorney?
You should consider hiring an elder law attorney when dealing with complex issues such as elder abuse, elder rights infringement, long-term care planning, estate planning, or navigating government benefits for seniors.
What is the age cutoff to be considered a senior citizen?
In the Philippines, you are considered a senior citizen once you reach the age of 60.
What government agency is responsible for elder law in Ormoc City?
The Office for Senior Citizens Affairs (OSCA) in Ormoc City is the primary agency responsible for elder law enforcement in the city.
Additional Resources
The Department of Social Welfare and Development (DSWD), Office for Senior Citizens Affairs (OSCA), and the Department of Health (DOH) provide resources relevant to elder law. The COSE (Coalition of Services of the Elderly) is a national coordinating NGO in the Philippines that targets elder empowerment and advocacies, and could be a useful resource too.
Next Steps
If you believe you need legal assistance with Elder Law issues, consider reaching out to legal experts or advocates who specialize in Elder Law in Ormoc City. You could request consultations or legal advice from local law firms, inquire about your case with the Office for Senior Citizens Affairs (OSCA) in Ormoc City, or reach out to the local branches of the Department of Social Welfare and Development (DSWD).
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.