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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.
- Confusion about who has right to sell deceased parents property
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- my mother want to revoke donation of properties to 2 grandchildren
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About Elder Law in San Juan, Philippines
Elder Law in San Juan, Philippines refers to the legal issues and concerns that affect older adults. This branch of law addresses various matters such as estate planning, guardianship, retirement, long-term care, and elder abuse.
Why You May Need a Lawyer
You may need a lawyer specializing in Elder Law in San Juan, Philippines if you or a loved one are facing issues related to estate planning, healthcare decisions, guardianship, abuse, or any other legal matter affecting older adults. A lawyer can help you navigate through complex legal procedures and ensure that your rights are protected.
Local Laws Overview
In San Juan, Philippines, the laws related to elder care and protection are primarily governed by the Senior Citizens Act of 2003. This law provides benefits and privileges to older adults, including discounts on goods and services, priority in government services, and protection against abuse and neglect. Additionally, the Family Code of the Philippines addresses matters such as inheritance, support, and family relations that may be relevant to older adults.
Frequently Asked Questions
1. What is the legal age for senior citizens in San Juan, Philippines?
The legal age for senior citizens in San Juan, Philippines is 60 years old.
2. Can I appoint a legal guardian for my elderly relative in San Juan?
Yes, you can appoint a legal guardian for your elderly relative in San Juan through a court proceeding. This is commonly done to ensure that the elderly person's best interests are protected.
3. How can I prevent elder abuse in San Juan, Philippines?
You can prevent elder abuse in San Juan, Philippines by being vigilant for signs of abuse, seeking legal help if needed, and reporting suspected abuse to the authorities.
4. What legal documents should I have in place for estate planning in San Juan?
For estate planning in San Juan, Philippines, it is recommended to have a Last Will and Testament, a Living Will, a Power of Attorney, and a Healthcare Proxy in place.
5. Are there government programs in San Juan, Philippines that provide assistance to senior citizens?
Yes, the government of San Juan, Philippines provides assistance to senior citizens through programs such as the Social Pension Program, the Social Health Insurance Program, and the Expanded Senior Citizens Act of 2010.
6. Can I contest a will in San Juan, Philippines?
Yes, you can contest a will in San Juan, Philippines if you believe that the will was not executed properly, the testator was not of sound mind, or there was undue influence or fraud involved.
7. What are the rights of senior citizens in San Juan, Philippines?
The rights of senior citizens in San Juan, Philippines include the right to social services, healthcare, employment, housing, education, and political participation.
8. How can I ensure that my assets are protected in old age in San Juan?
You can ensure that your assets are protected in old age in San Juan by creating a comprehensive estate plan, appointing a trusted power of attorney, and regularly reviewing and updating your legal documents.
9. What are the legal options for long-term care in San Juan, Philippines?
The legal options for long-term care in San Juan, Philippines include home care services, residential care facilities, and nursing homes. It is important to carefully consider the available options and seek legal advice if needed.
10. How can I choose a reputable elder law attorney in San Juan, Philippines?
To choose a reputable elder law attorney in San Juan, Philippines, you can ask for recommendations from friends or family, research online reviews, and schedule consultations with multiple attorneys to find the best fit for your needs.
Additional Resources
For additional resources related to Elder Law in San Juan, Philippines, you can contact the Department of Social Welfare and Development, the Integrated Bar of the Philippines, and local non-profit organizations specializing in elder care and legal assistance.
Next Steps
If you require legal assistance in Elder Law in San Juan, Philippines, it is recommended to consult with a qualified attorney specializing in this field. You can schedule a consultation to discuss your specific concerns and receive personalized legal advice tailored to your situation.
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.