Best Elder Law Lawyers in Quezon City

Share your needs with us, get contacted by law firms.

Free. Takes 2 min.

Recososa Law Firm
Quezon City, Philippines

Founded in 2020
11 people in their team
English
Tagalog
All Specialization Law Firm & Notary Public located at the heart of Cebu City In IT Park Lahug. From Commercial Law, Labor Law, Immigration Law, Criminal Law such as Estafa, Cybercrime like Cyberlibel, Defamation, Fraud, Criminal Prosecution, Civil Law, Land Dispute, Land Registration,...

Founded in 2022
5 people in their team
English
Tagalog
DAGSAAN MONTERDE CASTILLO LAW delivers comprehensive legal services through our dedicated team of attorneys. Our practice combines professional excellence with genuine commitment to client success, providing effective representation for individuals and organizations throughout the region.Led by...
View profile
Apollo X.C. S. Sangalang

Apollo X.C. S. Sangalang

15 minutes Free Consultation
Quezon City, Philippines

Founded in 1995
16 people in their team
Tagalog
English
Consultation Fee: PhP5,000 +12% VAT (or USD100) per hour via online or in-person meeting, email correspondence, WhatsApp or Viber chat.  APOLLO X.C. S. SANGALANG (“Attorney PoL”) is a business lawyer, labor law coach, corporate counsel, legal educator and conflict strategist, as...
AS SEEN ON

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
Estate Planning
Elder Law
Trusts
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
Elder Law
Will & Testament
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
Estate Planning
Family
Elder Law
Will & Testament
You can contact me on WhatsApp: +38970704335I can share my professional opinion to you.Regards,

About Elder Law in Quezon City, Philippines

Elder Law in Quezon City, and broadly in the Philippines, is a special branch that targets issues related to seniors and their unique needs. It covers areas like age discrimination, elder abuse and neglect, estate planning, wills and probate, social security, retirement benefits, and healthcare directives among others. Philippine law offers protections and privileges to senior citizens, as outlined primarily in the Expanded Senior Citizens Act of 2010.

Why You May Need a Lawyer

Seniors may require a lawyer for several reasons. One of the most common scenarios is to help them navigate the complexities of estate planning and will preparation. Lawyers are beneficial in cases where senior citizens face financial abuse or exploitation. Seniors may also need attorneys when they experience discrimination based on age or when they require assistance to claim social security, retirement benefits, or when handling disputes with healthcare providers. In all such sensitive matters, engaging a lawyer who specializes in Elder Law can ensure seniors' rights are protected.

Local Laws Overview

The most critical law for senior citizens in the Philippines, including Quezon City, is the Expanded Senior Citizens Act of 2010 or Republic Act No 9994. It provides several benefits for citizens who are 60 years old and above, including discount benefits, express lanes in commercial and government institutions, and mandatory PhilHealth coverage. Additionally, the Magna Carta for Disabled Persons, RA 7277, also provide benefits to seniors with disabilities. Moreover, Anti-Elder Abuse law penalizes people who take advantage or abuse seniors.

Frequently Asked Questions

What are the major benefits included in the Expanded Senior Citizens Act of 2010?

The Act provides several benefits which include 20% off certain goods and services, a 5% utility discount, and free vaccinations for influenza and pneumococcal diseases.

What constitutes elder abuse in the Philippines?

Elder abuse can be physical, emotional, sexual, or it can involve neglect or financial exploitation. It is crucial to report any such act to the appropriate authorities.

Do I need a lawyer to prepare a will?

While it's not mandatory, it's highly advised to ensure the will is valid and it reflects your intentions clearly. A lawyer can also explain legal implications you may not be aware of.

I am being denied my senior citizen benefits, what can I do?

If you're being denied the benefits provided under the Republic Act No. 9994, you can seek legal assistance. An Elder Law lawyer can aid you in claiming your rights.

What is estate planning and why is it important for senior citizens?

Estate planning involves arranging how your assets will be distributed after your death. It's important for avoiding disputes among heirs and for ensuring your assets go exactly where you want them to.

Additional Resources

Local government units in Quezon City have a Senior Citizen Affairs Office (OSCA) where seniors can get more information about their privileges. The Department of Social Welfare and Development (DSWD) can also provide assistance. Online resources like the Official Gazette of the Republic of the Philippines can be useful for pertaining to the specifics of the related laws.

Next Steps

If you need legal assistance, start by contacting an Elder Law lawyer within Quezon City. They can guide you based on your specific needs and circumstances. If you believe you're a victim of elder abuse or you need help with estate planning or claiming your benefits, getting in touch with a legal professional should be your first step. Always remember, the legal system exists to protect your rights and interests.

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