Best Lawyers in Cavite City
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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 Cavite City, Philippines:
Hiring a lawyer in Cavite City, Philippines, can be a crucial step in resolving legal issues effectively. It is essential to find a lawyer who specializes in the relevant area of law and has experience handling similar cases. Initial consultations are often offered by law firms to discuss the details of your case and determine if they are the right fit for you.
Why You May Need a Lawyer:
There are various situations where you may require legal assistance in Cavite City, Philippines. These can include matters related to family law, property disputes, criminal charges, business transactions, and more. A lawyer can offer guidance, representation, and expertise to help you navigate the legal system and protect your rights.
Local Laws Overview:
Cavite City, Philippines, follows the laws set by the Philippine legal system. Some key areas of local laws that lawyers in Cavite City often deal with include labor laws, family laws, real estate laws, and criminal laws. Understanding these laws and how they apply to your specific situation is crucial in resolving legal matters effectively.
Frequently Asked Questions:
1. How do I find the right lawyer for my case?
It is essential to research and consider lawyers who specialize in the area of law relevant to your case. You can ask for recommendations from friends, family, or professional organizations in Cavite City.
2. What should I expect during the initial consultation with a lawyer?
The initial consultation is an opportunity for you to discuss your case, ask questions, and determine if the lawyer is the right fit for you. The lawyer may also provide insights on the legal process and potential outcomes.
3. How much does it cost to hire a lawyer in Cavite City?
Legal fees can vary depending on the complexity of the case, the lawyer's experience, and the services required. It is essential to discuss fees and payment terms with your lawyer before proceeding with legal representation.
4. How long does it take to resolve a legal matter with a lawyer in Cavite City?
The duration of resolving a legal matter can vary depending on the complexity of the case, the legal process involved, and other factors. Your lawyer can provide an estimated timeline based on the specifics of your case.
5. Can I represent myself in legal proceedings without a lawyer?
While you have the right to represent yourself in legal proceedings, it is advisable to seek legal assistance, especially in complex cases. A lawyer can provide expertise, guidance, and representation to help you navigate the legal system effectively.
6. What qualifications should I look for in a lawyer in Cavite City?
When hiring a lawyer, look for qualifications such as relevant experience, specialization in the area of law applicable to your case, good reputation, and communication skills. It is essential to have a lawyer you can trust and feel comfortable working with.
7. How can I verify a lawyer's credentials in Cavite City?
You can verify a lawyer's credentials by checking with the Integrated Bar of the Philippines (IBP) or professional organizations in Cavite City. It is essential to ensure that your lawyer is licensed to practice law and in good standing.
8. What information should I provide to my lawyer during the initial consultation?
During the initial consultation, provide your lawyer with relevant details of your case, any documents or evidence you have, and be honest and transparent about your situation. This information will help your lawyer assess your case effectively.
9. What are the common legal services offered by law firms in Cavite City?
Law firms in Cavite City offer a wide range of legal services, including legal representation in court proceedings, legal advice, contract drafting, mediation, and alternative dispute resolution. They can assist individuals, businesses, and organizations with various legal matters.
10. How can I evaluate the success rate of a lawyer in Cavite City?
You can evaluate a lawyer's success rate by reviewing their track record, client testimonials, case results, and reputation in the legal community. It is also helpful to ask for references and feedback from past clients to gauge the lawyer's competence and effectiveness.
Additional Resources:
If you need legal advice in Cavite City, you can contact the Integrated Bar of the Philippines (IBP) Cavite Chapter or local legal aid organizations for assistance. These resources can provide information, referrals, and support for individuals seeking legal help in Cavite City.
Next Steps:
If you require legal assistance in Cavite City, Philippines, it is advisable to research and contact reputable law firms in the area. Schedule consultations with potential lawyers to discuss your case, evaluate your options, and choose the best representation for your legal needs. A lawyer can help you understand your rights, navigate the legal system, and work towards a favorable resolution for your case.
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.