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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Founded in 2023
10 people in their team
English
Tagalog
Trusted Family Law Experts in the Philippines - ACE Law OfficeAt ACE Law Office, we recognize that facing legal challenges, especially those involving family matters, can feel overwhelming. That’s why we are committed to offering not just legal expertise, but also empathy and clarity throughout...
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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.
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About hiring a lawyer in Calamba, Philippines:
Hiring a lawyer in Calamba, Philippines can be a straightforward process. It is essential to choose a reputable law firm with experience in the type of legal issue you are facing. You can start by researching law firms online, asking for recommendations from friends or family, or contacting the Integrated Bar of the Philippines (IBP) for a list of licensed attorneys in Calamba. Once you have selected a lawyer, you can schedule a consultation to discuss your case and their fees.
Why You May Need a Lawyer:
There are many situations where you may require legal help in Calamba, Philippines. Some common reasons include drafting contracts, resolving disputes, handling immigration matters, estate planning, and criminal defense. A lawyer can provide you with expert advice, represent you in court, and ensure that your rights are protected throughout the legal process.
Local Laws Overview:
Local laws in Calamba, Philippines cover a wide range of legal areas, including family law, real estate law, labor law, and criminal law. It is essential for lawyers in Calamba to be familiar with the Civil Code of the Philippines, the Revised Penal Code, and other relevant legislation. Additionally, laws governing business operations, taxation, and licensing are crucial for lawyers practicing in Calamba.
Frequently Asked Questions:
1. How do I find a reputable law firm in Calamba, Philippines?
You can start by asking for recommendations from friends or family, researching online, or contacting the Integrated Bar of the Philippines.
2. What types of cases do lawyers in Calamba typically handle?
Lawyers in Calamba handle a range of cases, including family law, real estate law, labor law, and criminal defense.
3. How much does it cost to hire a lawyer in Calamba?
Lawyer fees in Calamba can vary depending on the complexity of the case and the experience of the attorney. It is essential to discuss fees upfront before hiring a lawyer.
4. How long does it take to resolve a legal issue in Calamba?
The duration of legal proceedings in Calamba can vary depending on the case's complexity and the court's schedule.
5. What information should I bring to my initial consultation with a lawyer in Calamba?
It is essential to bring any relevant documentation, such as contracts, court papers, or correspondence related to your case.
6. Can I hire a lawyer for a legal consultation only?
Yes, you can hire a lawyer in Calamba for a legal consultation to discuss your case and available options.
7. What are the qualities to look for in a good lawyer in Calamba?
Some qualities to look for in a good lawyer in Calamba include experience, expertise, communication skills, and a good track record of success.
8. Can I change lawyers during my case in Calamba?
Yes, you have the right to change lawyers during your case in Calamba if you are unsatisfied with your current representation.
9. Will my lawyer keep my information confidential in Calamba?
Lawyers in Calamba are bound by professional ethics to keep client information confidential and not disclose it without your consent.
10. How can I file a complaint against a lawyer in Calamba?
If you have a complaint against a lawyer in Calamba, you can contact the Integrated Bar of the Philippines or the Supreme Court for guidance on the complaints process.
Additional Resources:
For additional resources on legal matters in Calamba, Philippines, you can visit the Integrated Bar of the Philippines website or contact the local branch for assistance.
Next Steps:
If you need legal assistance in Calamba, Philippines, start by researching law firms, scheduling a consultation, and discussing your case with a lawyer. It is essential to be prepared, bring relevant documentation, and ask questions to ensure you find the right legal representation for your needs.
Lawzana helps you find the best lawyers and law firms in Calamba 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.