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Batapa-Sigue & Sigue Law Office
Bacolod City, Philippines

English
Batapa-Sigue & Sigue Law Office stands as a leader in the legal landscape of the Philippines, renowned for its expertise in corporate law and its commitment to delivering exceptional legal services. The firm boasts a team of seasoned attorneys, each equipped with extensive experience and a deep...
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Philippines Legal Questions answered by Lawyers

Browse our 229 legal questions 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.
Can I demand Child Support from Live in Partner. Our child bears his last name
Child Support
Family
Hello,Yes, you can demand child support from your live-in partner — especially if the child carries his last name and paternity is acknowledged or can be legally established. Under family law in Pakistan, every biological father is obligated to financially support his child, regardless of the nature of the relationship with the mother.You may file a child maintenance petition in the family court. The court will consider the father’s income and the child’s needs to decide the appropriate monthly support amount.At MAH&CO., we specialize in family and child support cases. We can help you file your case professionally and ensure your child's rights are protected. Please don’t hesitate to reach out to us.Warm regards,MAH&CO. | Child Support & Family Law ExpertsServing clients in Karachi, Lahore & IslamabadPhone: +92-345-8231881 | +92-300-3444617Email: [email protected] | [email protected]
Illegal detention of our mother
Family
Guardianship
We received your message inquiry from Lawzana regarding your concern about being denied access and communication with your mother, who is currently residing in a house owned by your family corporation.We understand how emotionally distressing this situation is, especially since your sister is allegedly restricting access by padlocking the home, limiting communication with your mother and caregivers, and only showing selective videos.This situation raises legal concerns on both the family and corporate fronts. We can assist you with:a.) Filing a petition for judicial relief to compel access to your mother, especially if undue influence, emotional abuse, or possible elder neglect is present, under the Family Code and relevant protective statutes.b.) Taking corporate legal steps if the house is a corporate asset and one stockholder or family member is exclusively and arbitrarily asserting control, which may constitute misappropriation or abuse of corporate property.c.) Coordinating with barangay or local social services to conduct a welfare check on your mother and intervene if there is suspicion of elder abuse, coercion, or isolation.We strongly recommend scheduling an immediate legal consultation so we can evaluate the full circumstances and identify the appropriate remedies based on your mother’s health, the corporate structure, and the existing property rights.You may book a Zoom or in-office appointment with us via this link: https://calendly.com/recososalawfirm.Alternatively, you may call or text us directly at +639175046510 Or email us at [email protected] are here to help you assert your rights and ensure your mother’s welfare is properly protected.Sincerely,Recososa Law FirmLegal Assistance and Family Law Services Team

About Hiring a Lawyer in Bacolod City, Philippines

Hiring a lawyer in Bacolod City involves several steps to ensure you choose the right legal representation for your needs. Initially, identify the area of law in which you need assistance, such as family law, criminal defense, or property disputes. Once you have determined the legal specialty, you can research and compile a list of potential lawyers or law firms in Bacolod City. Utilize referrals from friends or family, or check local directories and online resources. After selecting potential candidates, schedule consultations to discuss your case and evaluate their expertise, experience, and fees. Finally, select a lawyer who not only meets your legal requirements but with whom you feel comfortable communicating and working closely.

Why You May Need a Lawyer

There are various situations where legal assistance may be required in Bacolod City. Common scenarios include filing for annulment or addressing family-related issues such as custody disputes. Businesses might need legal support for contracts or labor issues, while individuals may require defense against criminal charges or legal action involving land and property disputes. Other instances for seeking legal help could be receiving professional legal advice for drafting wills, managing estates, or pursuing personal injury claims. Legal representation can provide clarity and guide you through complex legal processes, ensuring your rights are protected.

Local Laws Overview

Bacolod City, like the rest of the Philippines, follows a legal system influenced by both Spanish and American laws. Key areas emphasized in local law include family law, where annulments are considered rather than divorces due to the absence of a divorce law. Property laws are also significant, as ownership disputes and land titling issues are common. Labor laws protecting workers' rights are integral, given the city’s active business environment. Furthermore, Bacolod City aligns with national laws regarding criminal justice, commercial law, and administrative regulations. Engaging a local attorney is beneficial, as they possess a deeper understanding of how these laws are applied within the regional context.

Frequently Asked Questions

How can I find a reputable lawyer in Bacolod City?

Begin by asking for referrals from friends or family who have had positive experiences. Checking online reviews, consulting local business directories, and contacting the Integrated Bar of the Philippines can also be useful starting points.

What are typical legal fees for hiring a lawyer in Bacolod City?

Legal fees vary based on the case’s complexity, the lawyer’s experience, and the time commitment. Always discuss fees during initial consultations and consider asking for an estimate or fee structure in writing.

Do lawyers offer free consultations in Bacolod City?

Many lawyers do offer free initial consultations to discuss the basics of your case and determine if they can assist you. It's advisable to confirm this when booking your appointment.

How long does it usually take to resolve a case in Bacolod City?

The duration of legal proceedings varies widely depending on the case type and complexity. Simple cases might resolve in a few months, while complicated cases can take years. Your lawyer should be able to provide an estimated timeline.

Can I represent myself in court in Bacolod City?

While it's legally possible to represent yourself, it’s generally not advisable because legal proceedings can be complex. Professional legal representation can improve the likelihood of a favorable outcome.

What should I prepare for my first meeting with a lawyer?

Bring all relevant documents, evidence, and a list of questions or concerns. Being well-prepared enables you to provide comprehensive information, which is crucial for getting accurate legal advice.

Is it necessary for a lawyer to reside in Bacolod City?

Having a lawyer based in Bacolod City is often advantageous due to their familiarity with local laws and court systems. However, some legal matters can be handled by lawyers located outside the city, depending on their expertise and specialization.

What areas of law are most common in Bacolod City?

Common areas include family law, criminal defense, labor disputes, property and land issues, and commercial transactions. Each of these areas requires unique legal expertise.

How can I ensure confidentiality when discussing my case?

Attorneys are bound by legal ethics to maintain client confidentiality. Be open with your lawyer but ensure you have a written agreement that outlines confidentiality terms to protect your discussions.

What if I'm not satisfied with my lawyer's performance?

If dissatisfied, communicate your concerns with your lawyer directly. If issues persist, you may consider seeking a second opinion or changing representation. Ensure your original agreement contains details regarding termination of services.

Additional Resources

For additional support and resources, consider reaching out to the Integrated Bar of the Philippines ([www.ibp.ph](http://www.ibp.ph)), which offers a lawyer referral service. You can also contact the Public Attorney’s Office for free legal assistance if you qualify for it. The Bacolod City Government's official website is also a resource for information about local legal processes and services.

Next Steps

If you require legal assistance, begin by defining your needs and researching potential legal representatives in Bacolod City. Arrange initial consultations to discuss your case and evaluate the lawyer's compatibility and expertise. Most importantly, ensure you feel comfortable and confident in your chosen attorney’s abilities. With these preparations in place, you can secure the legal support necessary to navigate your case effectively.

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