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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 Cagayan de Oro, Philippines:
Hiring a lawyer in Cagayan de Oro, Philippines can be a crucial decision when facing legal issues. It is important to choose a reputable and experienced lawyer who can provide expert advice and representation in various legal matters. To hire a lawyer in Cagayan de Oro, you can start by researching law firms in the area, checking their credentials and client reviews, and scheduling consultations to discuss your case.
Why You May Need a Lawyer:
There are various situations where people may require legal help in Cagayan de Oro, Philippines, such as dealing with family law matters, real estate transactions, business disputes, criminal defense, and more. A lawyer can provide guidance, help navigate complex legal processes, protect your rights, and represent you in court if needed.
Local Laws Overview:
Cagayan de Oro, Philippines, operates under Philippine laws, which cover a wide range of legal areas such as civil law, criminal law, administrative law, and more. Lawyers in Cagayan de Oro are well-versed in these laws and can provide assistance tailored to your specific legal needs.
Frequently Asked Questions:
1. How do I choose the right law firm in Cagayan de Oro?
Consider factors such as experience, expertise in your legal issue, reputation, and cost when selecting a law firm in Cagayan de Oro.
2. What types of cases do lawyers in Cagayan de Oro handle?
Lawyers in Cagayan de Oro handle various cases, including family law, real estate, business law, criminal defense, and more.
3. How much does it cost to hire a lawyer in Cagayan de Oro?
Lawyer fees in Cagayan de Oro can vary depending on the complexity of the case and the lawyer's experience. It is advisable to discuss fees upfront with your lawyer.
4. How can a lawyer help me with my legal issue?
A lawyer can provide legal advice, represent you in court, draft legal documents, negotiate settlements, and protect your rights throughout the legal process.
5. How long does it take to resolve a legal matter in Cagayan de Oro?
The timeline for resolving a legal matter in Cagayan de Oro can vary depending on the complexity of the case and the legal process involved.
6. Can I represent myself in court in Cagayan de Oro?
While you have the right to represent yourself in court, it is advisable to seek legal representation to ensure your rights are protected and to navigate the legal process effectively.
7. What should I do if I cannot afford a lawyer in Cagayan de Oro?
You may be eligible for legal aid services or pro bono representation in Cagayan de Oro. Contact local legal aid organizations for assistance.
8. Are consultations with a lawyer in Cagayan de Oro confidential?
Consultations with a lawyer in Cagayan de Oro are confidential, and your lawyer is bound by attorney-client privilege to protect your privacy.
9. How can I verify a lawyer's credentials in Cagayan de Oro?
You can verify a lawyer's credentials by checking with the Integrated Bar of the Philippines or other legal associations in Cagayan de Oro.
10. What should I bring to my initial consultation with a lawyer in Cagayan de Oro?
Bring any relevant documents, such as contracts, court papers, or evidence related to your case, to your initial consultation with a lawyer in Cagayan de Oro.
Additional Resources:
For more information on legal resources in Cagayan de Oro, you can contact the Integrated Bar of the Philippines (IBP) Cagayan de Oro Chapter or the Public Attorney's Office (PAO) for legal assistance.
Next Steps:
If you require legal assistance in Cagayan de Oro, Philippines, consider reaching out to a reputable law firm that specializes in your specific legal issue. Schedule a consultation to discuss your case, review your options, and determine the best course of action to protect your rights and achieve a favorable outcome.
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.