Best Elder Law Lawyers in Tacloban City
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List of the best lawyers in Tacloban City, Philippines
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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 Tacloban City, Philippines
Elder Law is a specialized area of legal practice focusing on issues that affect the aging population. In Tacloban City, Philippines, Elder Law encompasses a broad range of concerns, including retirement planning, estate management, health care decisions, guardianship, and protection against elder abuse. The purpose of Elder Law is to safeguard the rights, welfare, and dignity of seniors, ensuring their legal and financial affairs are in order as they age.
Why You May Need a Lawyer
There are various situations in which individuals or their families in Tacloban City may seek assistance from an Elder Law attorney. These include:
- Estate Planning: Preparing wills, trusts, and other documents to manage property and assets upon death or incapacity.
- Guardianship and Conservatorship: When an elderly person can no longer manage their affairs, legal interventions may be required to appoint a representative.
- Elder Abuse Protection: Legal action may be necessary to address or prevent physical, financial, or emotional abuse of seniors.
- Healthcare Planning: Making decisions about medical care and designating trusted individuals to make choices if the elder becomes incapacitated.
- Social Security and Retirement Benefits: Navigating the benefits and entitlements available to senior citizens in the Philippines.
- Dispute Resolution: Handling conflicts over inheritance, property, or care among family members or between seniors and caregivers.
Local Laws Overview
In Tacloban City and the Philippines in general, several laws specifically address the needs and rights of the elderly:
- Republic Act No. 9994 (Expanded Senior Citizens Act of 2010) - This law grants benefits and privileges to senior citizens, such as discounts on goods, services, healthcare, and exemption from certain taxes.
- The Family Code of the Philippines - This code covers matters on succession (inheritance), guardianship, and family relations that affect the elderly.
- Republic Act No. 9257 - This act further amends benefits for senior citizens and establishes penalties for those who do not comply with the law.
- Anti-Elder Abuse Laws - Protection against abuse, neglect, exploitation, and abandonment, with local government units mandated to implement programs for elderly welfare.
- Healthcare Laws - Including PhilHealth coverage and access to government hospitals for senior citizens.
Frequently Asked Questions
What age does a person qualify as a senior citizen in Tacloban City?
A person is considered a senior citizen in the Philippines at age 60 and above, including residents of Tacloban City.
Are there discounts and benefits available for senior citizens?
Yes, senior citizens are entitled to a 20 percent discount on many goods and services such as medicines, food, and medical care, plus exemption from the 12 percent Value Added Tax.
How do I apply for a Senior Citizen ID Card in Tacloban City?
Senior citizens can apply for an ID card at the Office of the Senior Citizens Affairs (OSCA) by presenting valid identification and proof of residency in Tacloban City.
What legal steps can I take to protect an elderly family member from abuse?
Family members can seek protective orders through the barangay or courts. Reporting abuse to local authorities and the Department of Social Welfare and Development is also crucial.
How can seniors in Tacloban City prepare a will?
A will must be written, signed, and witnessed as required by the Civil Code. Consulting a lawyer ensures the will meets legal standards and reflects the individual's wishes.
Can an elderly person appoint someone to manage finances or healthcare decisions?
Yes, through instruments like a Special Power of Attorney or appointing a legal guardian via court proceedings.
What is guardianship, and when is it needed?
Guardianship is a legal process to appoint a responsible person to make decisions for an elderly individual who can no longer manage their personal or financial affairs.
Are government financial assistance programs available for seniors?
Yes, eligible senior citizens may receive pensions, social amelioration benefits, and other support from the Social Security System (SSS), Government Service Insurance System (GSIS), or Department of Social Welfare and Development (DSWD).
What should I do if there is a dispute over inheritance or elder care?
It is advisable to consult a lawyer specializing in Elder Law to mediate, negotiate, or take legal action regarding disputes on inheritance, property, or caregiving.
Where can I get free or affordable legal advice about Elder Law in Tacloban City?
You can approach local legal aid clinics, the Public Attorney's Office (PAO), or the Integrated Bar of the Philippines - Leyte Chapter for assistance.
Additional Resources
For legal advice and assistance in Elder Law matters in Tacloban City, the following resources may be helpful:
- Office for Senior Citizens Affairs (OSCA) Tacloban City - Handles IDs, privileges, and protection of senior citizens' rights.
- Department of Social Welfare and Development (DSWD) Region VIII - Provides social services, protection against abuse, and assistance programs for seniors.
- Public Attorney's Office (PAO) Tacloban - Offers free legal assistance for indigent and qualified individuals, including seniors.
- Integrated Bar of the Philippines (IBP) Leyte Chapter - Local lawyers' association that may refer you to Elder Law specialists.
- Local Barangay Offices - For reporting concerns such as abuse or neglect of elderly residents.
Next Steps
If you or a loved one needs legal assistance related to Elder Law in Tacloban City, consider the following steps:
- Identify your specific concern (estate planning, guardianship, abuse, etc.).
- Prepare relevant documents such as IDs, certificates, medical records, or property documents.
- Visit or contact the appropriate government office, such as the OSCA, DSWD, or your barangay.
- Seek out a reputable lawyer with experience in Elder Law for a consultation.
- If cost is a concern, explore free legal aid services offered by PAO or seek help through local NGOs.
- Keep records of all communications and proceedings for your reference.
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.