Best Elder Law Lawyers in Philippines
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Or refine your search by selecting a city:
List of the best lawyers in Philippines
Browse elder law law firms by service in Philippines
Philippines Attorneys in related practice areas.
Browse elder law law firms by city in Philippines
Refine your search by selecting a city.
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.
- Confusion about who has right to sell deceased parents property
- 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
- You can contact me on WhatsApp: +38970704335I can share my professional opinion to you.Regards,
About Elder Law in Philippines
Elder Law in the Philippines encompasses a variety of legal issues that affect older adults. These can include estate planning, guardianship, long-term care planning, elder abuse, and social security benefits. The goal of Elder Law is to ensure the well-being and protection of the rights of older individuals.
Why You May Need a Lawyer
You may need a lawyer specializing in Elder Law in the Philippines if you are dealing with issues such as planning for incapacity, creating a will or trust, navigating long-term care options, protecting against elder abuse, or securing government benefits for senior citizens. A lawyer can help you understand your rights, make informed decisions, and ensure that your wishes are carried out.
Local Laws Overview
In the Philippines, several laws are particularly relevant to Elder Law. The Senior Citizens Act provides benefits and privileges to elderly individuals, while the Family Code covers issues related to estate planning and inheritance. Additionally, the Anti-Abuse Law protects older adults from physical, emotional, or financial abuse.
Frequently Asked Questions
1. What is the legal age requirement to be considered a senior citizen in the Philippines?
In the Philippines, individuals aged 60 and above are considered senior citizens.
2. What benefits do senior citizens receive under the Senior Citizens Act?
Senior citizens in the Philippines are entitled to discounts on goods and services, priority lanes, and other privileges such as free medical and dental services in government facilities.
3. What legal documents should I consider creating as I age?
As you age, it is important to create a will, advance directive, and possibly a trust to ensure that your wishes are carried out and your assets are protected.
4. How can I protect myself from elder abuse?
You can protect yourself from elder abuse by staying connected with loved ones, being cautious of financial scams, and seeking legal help if you suspect abuse.
5. Can an elder law attorney help me secure government benefits?
Yes, an elder law attorney can help you navigate the complex process of securing government benefits such as social security and medicare.
6. What is the role of a guardian in Elder Law?
A guardian is appointed by the court to make legal and financial decisions on behalf of an incapacitated individual who is unable to make decisions for themselves.
7. How can I plan for long-term care in the Philippines?
You can plan for long-term care by exploring options such as home care, assisted living facilities, and nursing homes, and creating a financial plan to afford these services.
8. What are the common challenges faced by older adults in the Philippines?
Common challenges faced by older adults in the Philippines include lack of access to healthcare, financial insecurity, and social isolation.
9. Can I contest a will or trust as an heir in the Philippines?
Yes, you can contest a will or trust in the Philippines if you believe that it does not accurately reflect the wishes of the deceased or if you suspect foul play.
10. How can I report elder abuse in the Philippines?
You can report elder abuse in the Philippines to the local authorities or contact organizations such as the Department of Social Welfare and Development for assistance.
Additional Resources
For more information on Elder Law in the Philippines, you can visit the Commission on Senior Citizens, the Integrated Bar of the Philippines, and the Department of Justice. These organizations provide valuable resources and support for older adults and their families.
Next Steps
If you require legal assistance in Elder Law in the Philippines, consider consulting with an experienced elder law attorney who can guide you through the legal process, protect your rights, and help you plan for the future.
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.