Best Elder Law Lawyers in Surigao City
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
List of the best lawyers in Surigao City, Philippines
We haven't listed any Elder Law lawyers in Surigao City, Philippines yet...
But you can share your requirements with us, and we will help you find the right lawyer for your needs in Surigao City
Find a Lawyer in Surigao City
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 Surigao City, Philippines
Elder Law in Surigao City, Philippines, encompasses a wide array of legal issues specifically affecting the elder population. This includes matters such as estate planning, social security, protection from elder abuse, guardianship, and healthcare rights. Given the complex nature of these issues, navigating the legal landscape can be challenging, requiring specialized knowledge and expertise from attorneys who practice elder law.
Why You May Need a Lawyer
There are several scenarios where individuals may seek the assistance of an Elder Law attorney in Surigao City, Philippines. These may include planning for future health care needs, drafting a will or trust, addressing issues of elder abuse, or securing a stable financial future through proper estate planning. Legal help is also essential when dealing with government benefits such as social security and pensions or establishing authority for a guardian if a person can no longer make decisions independently.
Local Laws Overview
In Surigao City and throughout the Philippines, Elder Law involves key legal frameworks focusing on the welfare and protection of senior citizens. The country’s Republic Act No. 9994, also known as the "Expanded Senior Citizens Act of 2010," provides exclusive rights and privileges to the older population. Locally, different ordinances may exist to further honor the rights of senior citizens, including benefits and protections against abuse and exploitation. Estate planning is governed by the Civil Code and Family Code, which lays out the rules for wills, intestate succession, and the appointment of executors and guardians.
Frequently Asked Questions
What is the primary focus of Elder Law?
Elder Law primarily focuses on the legal needs and rights of senior citizens, including healthcare, estate planning, and protection from abuse.
Are there specific local programs in Surigao City aiding elders?
Yes, various community-based programs exist to support the elderly, providing services that include healthcare, social activities, and legal assistance.
What rights do elders have under Philippine law?
Senior citizens have rights to discounts, priority services, social security, property ownership, access to health care, and protection against abuse as outlined by the Expanded Senior Citizens Act.
Can elders draft a will without an attorney?
While it's legally possible to draft a will without an attorney, consulting with a lawyer ensures that the will is legally sound and less prone to contests in court.
What are the signs of elder abuse?
Signs include physical injuries, sudden changes in financial situations, withdrawal from regular activities, and unusual depression or anxiety.
How is guardianship established for an elderly person?
Guardianship is established through a legal process in court where a judge evaluates the need and appoints a suitable guardian to make decisions on behalf of an incapacitated elder.
Who can contest a will?
Typically, those who can contest a will include legal heirs, or anyone who can prove they have a legal claim to the deceased's estate.
What constitutes elder financial abuse?
Examples include unauthorized cashing of checks, coercion to sign legal documents, or improper use of an elder’s property for personal gain.
What steps should be taken if elder abuse is suspected?
Report the abuse to local authorities, seek medical assistance if necessary, and consult a legal professional for guidance and protective measures.
Is legal representation necessary for estate planning?
While not mandatory, legal representation is highly advisable to navigate the complexities of estate planning and ensure all documents comply with local laws.
Additional Resources
For those seeking further information and assistance, the Department of Social Welfare and Development (DSWD) in the Philippines offers support and guidance for elders. Other helpful resources are the Philippine Association of Retired Persons (PARP) and the Office of the Senior Citizens Affairs (OSCA) in Surigao City.
Next Steps
If you find yourself in need of legal assistance in the area of Elder Law, it is recommended that you reach out to a qualified attorney specializing in this field. Begin by gathering all relevant documents and information concerning your situation. Then, consult a lawyer who can help navigate the nuances of Elder Law and ensure the best possible outcome for you or your loved ones. It may also be beneficial to contact local elder services organizations for recommendations and possibly arrange a consultation with a legal professional through community programs.
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.