You've Come To The Right PlaceOur Managing Attorney, Atty. Narag (a CPA), started this firm in January 2015 after working in the corporate world for more than 20 years (SGV&Co., PriceWaterhouse Coopers,.AIG/AIA, etc). He has so far positively used his extensive experience as a...
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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.
- Can we change the date of Deed of Sale of real property?
- You can do that by following due process of law.
- 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.
- Can I demand Child Support from Live in Partner. Our child bears his last name
- 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.
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About Hiring a Lawyer in Bacoor, Philippines
Hiring a lawyer in Bacoor, Philippines, is a crucial step in addressing legal concerns effectively. The process generally involves identifying what type of legal service you need, such as criminal defense, family law, or corporate law. To find a qualified lawyer, you can start by asking for recommendations from friends or family or conducting an online search for law firms in the Bacoor area. Once you identify potential candidates, it's important to meet with them to discuss your case, evaluate their experience, and understand their fee structure. Ensure that the lawyer is licensed to practice in the Philippines and is a member of the Integrated Bar of the Philippines (IBP).
Why You May Need a Lawyer
There are several common situations where people in Bacoor may require legal assistance:
- Family Law Matters: Issues such as divorce, child custody, and support cases often require legal intervention.
- Property Disputes: In a growing city like Bacoor, land and property disputes can arise, necessitating expert legal advice.
- Business and Corporate Law: Entrepreneurs may need legal help with starting a business, drafting contracts, or settling business disputes.
- Criminal Charges: Those facing criminal charges may need a defense attorney to represent them in court.
- Labor and Employment Issues: Employees or employers dealing with workplace disputes may need legal counseling.
- Estate Planning: Setting up wills, trusts, and handling inheritance issues often require legal expertise.
Local Laws Overview
Bacoor, like the rest of the Philippines, operates under a mix of civil, criminal, and administrative laws, complemented by local municipal ordinances. Key legal aspects include:
- Civil Law: This covers family law, property disputes, contracts, and obligations.
- Criminal Law: Encompasses crimes against persons, property, public order, and safety, including applicable penalties.
- Business Regulations: Enforced by the Securities and Exchange Commission and other bodies, crucial for enterprises operating in Bacoor.
- Local Ordinances: Bacoor has specific municipal codes covering traffic regulations, environmental standards, and zoning laws.
Frequently Asked Questions
How can I find a reputable lawyer in Bacoor?
Start by asking for recommendations, checking online directories, and consulting the IBP for a list of licensed lawyers.
What should I bring to my initial consultation with a lawyer?
Bring all relevant documents, photographs, receipts, correspondence, and any evidence related to your legal issue.
How are lawyers' fees structured in Bacoor?
Fees can vary widely and may be based on an hourly rate, a fixed fee for specific services, or a contingency fee, particularly in civil cases.
Can a lawyer represent me for any legal matter?
While many lawyers have areas of focus, it's important to hire one specialized in the field relevant to your issue.
What if I cannot afford a lawyer?
You might qualify for free legal aid or pro bono representation. The Public Attorney's Office (PAO) provides such services for eligible individuals.
How long does it typically take to resolve a legal issue?
The duration varies widely depending on the complexity of the case, court schedules, and other factors.
Is negotiation or mediation an option before litigation?
Yes, alternative dispute resolution methods like negotiation and mediation are encouraged to settle disputes amicably.
What is the role of the IBP in the Philippines?
The Integrated Bar of the Philippines is the official organization of all Philippine lawyers, focusing on maintaining legal ethics and standards.
Can I represent myself in court in Bacoor?
While individuals can represent themselves, having a lawyer is advisable due to the complexities and potential consequences of legal proceedings.
How can I verify a lawyer's license to practice?
You can verify a lawyer's credentials through the Integrated Bar of the Philippines or by checking online legal directories.
Additional Resources
For further assistance, consider reaching out to these resources:
- Integrated Bar of the Philippines - Cavite Chapter: Offers resources and listings of practicing lawyers in the area.
- Public Attorney's Office (PAO): Provides free legal assistance to qualified individuals.
- Office of the City Legal Officer, Bacoor: Can offer legal guidance, especially on matters involving local government.
- Department of Justice (DOJ): Offers resources and information on national laws applicable to your case.
Next Steps
If you are in need of legal assistance in Bacoor, begin by identifying your specific legal needs. Gather all necessary documents and start looking for a qualified lawyer familiar with local laws and regulations. Schedule consultations with several lawyers to discuss your case and understand their approach before making a decision. Always ensure they are in good standing with the Integrated Bar of the Philippines. If cost is an issue, look into the possibility of obtaining legal aid through government programs.
Lawzana helps you find the best lawyers and law firms in Bacoor 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.
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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.
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.