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Philippines Legal Questions answered by Lawyers
Browse our 230 legal questions in Philippines and the lawyer answers, or ask your own questions for free.
- Can I buy a house from a seller with no deed
- I can share my professional opinion with you.You can contact me on WhatsApp: +38970704335Regards,
- 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.
About Hiring a Lawyer in Batangas, Philippines:
Hiring a lawyer in Batangas, Philippines, involves researching and selecting a reputable law firm that specializes in your specific legal needs. It is essential to consider factors such as the lawyer's experience, expertise, and track record of success in similar cases. Additionally, you should discuss the fees and payment terms with the lawyer to ensure transparency and avoid any misunderstandings.
Why You May Need a Lawyer:
There are several situations where you may require the assistance of a lawyer in Batangas, Philippines, including legal disputes, contract negotiations, family law matters, real estate transactions, and criminal cases. A lawyer can provide valuable legal advice, representation in court, and guidance on complex legal procedures to protect your rights and interests.
Local Laws Overview:
Batangas, Philippines, operates under the Philippine legal system, which is based on a combination of civil law and common law principles. In Batangas, lawyers are well-versed in various areas of law, including civil law, criminal law, labor law, and administrative law. It is important to consult with a lawyer who understands the local laws and regulations to ensure effective legal representation.
Frequently Asked Questions:
1. How do I find a reliable law firm in Batangas, Philippines?
It is recommended to ask for recommendations from friends, family, or colleagues, and conduct online research to find reputable law firms in Batangas, Philippines.
2. What are the typical fees for hiring a lawyer in Batangas, Philippines?
Lawyers in Batangas, Philippines, may charge hourly rates, flat fees, or contingency fees, depending on the type of legal services provided. It is advisable to discuss the fees and payment terms with the lawyer upfront.
3. How long does it take to resolve a legal issue with a lawyer in Batangas, Philippines?
The duration of resolving a legal issue with a lawyer in Batangas, Philippines, varies depending on the complexity of the case, legal procedures involved, and court backlog. It is essential to communicate with your lawyer regularly to stay informed about the progress of your case.
4. Can I represent myself in court without a lawyer in Batangas, Philippines?
While you have the right to represent yourself in court in Batangas, Philippines, it is recommended to hire a lawyer for legal advice and representation to ensure the best possible outcome in your case.
5. What qualifications should I look for when hiring a lawyer in Batangas, Philippines?
When hiring a lawyer in Batangas, Philippines, you should consider factors such as the lawyer's experience, expertise, reputation, and success rate in similar cases. It is advisable to consult with a lawyer who specializes in your specific legal needs.
6. Can I get a free consultation with a lawyer in Batangas, Philippines?
Many law firms in Batangas, Philippines, offer free initial consultations to discuss your legal issues, assess your case, and provide legal advice. It is recommended to inquire about free consultation options when contacting a law firm.
7. How do I know if I need a lawyer for my legal issue in Batangas, Philippines?
If you are facing a complex legal issue, such as a dispute, contract negotiation, or criminal charge, it is advisable to consult with a lawyer in Batangas, Philippines, for legal advice and representation. A lawyer can assess your case and provide guidance on the best course of action.
8. What are the benefits of hiring a lawyer in Batangas, Philippines?
Hiring a lawyer in Batangas, Philippines, provides several benefits, including legal expertise, representation in court, protection of your legal rights, and guidance on legal procedures. A lawyer can help you navigate the complexities of the legal system and achieve the best possible outcome in your case.
9. How can I communicate with my lawyer in Batangas, Philippines?
You can communicate with your lawyer in Batangas, Philippines, through phone calls, emails, virtual meetings, or in-person consultations. It is essential to maintain regular communication with your lawyer to stay informed about the progress of your case and discuss any developments or concerns.
10. What should I do if I am not satisfied with my lawyer's services in Batangas, Philippines?
If you are not satisfied with your lawyer's services in Batangas, Philippines, you can discuss your concerns with the lawyer directly and seek to resolve any issues amicably. If the matter remains unresolved, you may consider filing a formal complaint with the Integrated Bar of the Philippines or seeking alternative legal representation.
Additional Resources:
For additional resources and information on legal services in Batangas, Philippines, you may contact the Integrated Bar of the Philippines - Batangas Chapter, the Supreme Court of the Philippines, or the Department of Justice. These organizations can provide guidance and assistance in finding a reputable lawyer and accessing legal services in Batangas, Philippines.
Next Steps:
If you require legal assistance in Batangas, Philippines, it is advisable to research and contact reputable law firms, schedule consultations with potential lawyers, and discuss your legal issues to determine the best course of action. Remember to ask questions, clarify any concerns, and ensure that you are comfortable working with your chosen lawyer to achieve a successful resolution to your legal matter.
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.