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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 Bulacan, Philippines:
When seeking legal advice in Bulacan, Philippines, it is essential to hire a reputable and experienced lawyer who specializes in the area of law related to your particular situation. You can find a lawyer through personal recommendations, online directories, or by contacting the Integrated Bar of the Philippines (IBP) - Bulacan Chapter. It is important to schedule a consultation with a lawyer to discuss your case, gather information about their experience, and ask about their fees and payment terms.
Why You May Need a Lawyer:
There are various situations where you may need a lawyer in Bulacan, Philippines, such as marriage and family law issues, property disputes, business transactions, civil lawsuits, criminal cases, and immigration matters. A lawyer can provide legal advice, represent you in court, draft legal documents, negotiate settlements, and protect your rights throughout the legal process.
Local Laws Overview:
Bulacan, Philippines, follows the laws of the Philippines, which are based on the Spanish and American legal systems. Some key aspects of local laws in Bulacan include labor laws, land ownership regulations, family law provisions, criminal statutes, civil procedure rules, and administrative regulations. It is essential for lawyers in Bulacan to be well-versed in these laws to provide effective legal assistance to clients.
Frequently Asked Questions:
Q: How do I find a reputable law firm in Bulacan, Philippines?
A: You can find a reputable law firm in Bulacan, Philippines, by asking for recommendations from friends and family, searching online directories, and contacting the IBP - Bulacan Chapter for referrals.
Q: What are the fees for hiring a lawyer in Bulacan, Philippines?
A: The fees for hiring a lawyer in Bulacan, Philippines, can vary depending on the complexity of the case, the lawyer's experience, and the services provided. It is essential to discuss fees and payment terms with your lawyer before hiring them.
Q: How long does it take to resolve a legal case in Bulacan, Philippines?
A: The timeline for resolving a legal case in Bulacan, Philippines, can vary depending on the complexity of the case, the court's schedule, and other factors. It is best to consult with your lawyer to get an estimate of how long your case may take.
Q: Can I represent myself in court in Bulacan, Philippines?
A: While you have the right to represent yourself in court in Bulacan, Philippines, it is highly recommended to hire a lawyer to ensure your rights are protected, and you have the best possible outcome in your case.
Additional Resources:
For additional resources and legal assistance in Bulacan, Philippines, you can contact the Integrated Bar of the Philippines (IBP) - Bulacan Chapter, the Public Attorney's Office (PAO), the Department of Justice (DOJ), and local legal aid organizations.
Next Steps:
If you need legal assistance in Bulacan, Philippines, the first step is to schedule a consultation with a reputable lawyer who specializes in the area of law related to your case. Be prepared to discuss your situation, gather relevant documents, and ask questions to ensure you are comfortable with your choice of legal representation.
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.