Best Elder Law Lawyers in Pasig
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List of the best lawyers in Pasig, Philippines
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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
- 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.
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About Elder Law in Pasig, Philippines
Elder Law in Pasig, as in the rest of the Philippines, addresses the unique legal needs and interests of the elderly population. It encompasses various areas such as healthcare, estate planning, social security benefits, guardianship, and elder abuse protection. As the population ages, ensuring the rights and well-being of elderly citizens is becoming increasingly important, making Elder Law a growing field in legal practice.
Why You May Need a Lawyer
There are several situations where you may require the assistance of a lawyer specializing in Elder Law:
- Healthcare Planning: Navigating healthcare rights and accessing necessary medical care can be complex without legal guidance.
- Estate Planning: Proper estate planning ensures the protection and distribution of assets according to the individual's wishes, minimizing family conflicts.
- Guardianship Issues: Establishing legal guardianship might be necessary if an elderly person becomes incapacitated and is unable to make decisions for themselves.
- Elder Abuse: Lawyers can assist in cases of neglect or abuse, ensuring the protection and justice for the elderly.
- Access to Benefits: Understanding and claiming social security or pension benefits may need legal expertise.
Local Laws Overview
The local laws in Pasig, aligned with national legislation, provide the framework to protect the rights of the elderly. Key aspects include:
- Republic Act No. 9994: Also known as the Expanded Senior Citizens Act of 2010, it provides various benefits including discounts and access to government assistance programs for senior citizens.
- Family Code of the Philippines: Addresses issues related to family law including guardianship and caring for elderly family members.
- Anti-Elder Abuse Legislation: While specific to each area, these laws aim to protect the elderly against abuse, whether physical, emotional, or financial.
Frequently Asked Questions
What is Elder Law?
Elder Law encompasses legal issues affecting older individuals, including estate planning, healthcare, guardianship, and elder abuse protection.
How can I ensure that my estate is managed according to my desires?
Consulting with an Elder Law attorney for estate planning can help you draft a will or establish trusts, detailing specific instructions for asset distribution.
Are there laws in Pasig protecting elderly individuals from abuse?
Yes, laws in place at both national and local levels aim to protect the elderly from various forms of abuse. Legal assistance can help address these situations.
What discounts or benefits are available to senior citizens in Pasig?
Under the Expanded Senior Citizens Act, seniors enjoy discounts on essential goods and services, and are entitled to various government assistance programs.
Can the elderly appoint someone to make decisions on their behalf?
Yes, through a legal process, an elderly person can appoint a healthcare proxy or durable power of attorney to make decisions if they become incapacitated.
How can a lawyer help with healthcare issues for the elderly?
A lawyer can provide guidance on healthcare rights, mediating with institutions, or challenging wrongful denial of healthcare services for the elderly.
What should I do if I suspect elder abuse?
Contact local authorities or a legal professional specializing in elder law to discuss your concerns and learn about protection options for the elderly individual.
Do I need a lawyer to apply for social security benefits?
While not required, a lawyer with expertise in Elder Law can help navigate complex applications and advocate for rightful claims.
How can seniors undertake decisions regarding long-term care?
Legal advice can help evaluate care options, formulate care agreements, and ensure necessary legal documentation is in place for long-term care needs.
What are the main factors to consider when choosing an Elder Law attorney?
Consider their experience within the field, understanding of local laws, and reputation for advocating for elderly rights and issues effectively.
Additional Resources
- Department of Social Welfare and Development (DSWD): Offers support and resources tailored for senior citizens.
- Office for Senior Citizens Affairs (OSCA): Local bodies that support senior citizens' welfare and implement programs in cities like Pasig.
- Integrated Bar of the Philippines (IBP): Provides listings of practicing attorneys skilled in various fields, including Elder Law.
Next Steps
If you need legal assistance in Elder Law, start by consulting with an experienced attorney in this field. Gather all necessary documentation related to your issue, and ensure that your concerns and questions are clearly communicated. Utilize local resources such as the OSCA or DSWD for additional guidance and support. Always prioritize finding a lawyer who has a genuine understanding of the intricacies involved in Elder Law within Pasig or the broader Philippine legal context. Engage with their services through initial consultations to establish trust and understanding before proceeding with any legal actions.
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.