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Villa and Cruz, Attorneys-at-Law

Villa and Cruz, Attorneys-at-Law

15 minutes Free Consultation
Central, Philippines

Founded in 2018
12 people in their team
English
Tagalog
VILLA & CRUZ, ATTORNEYS-AT-LAW is a full-service firm founded upon the ideal of providing quality legal counsel and service. The Firm started out as Villa and Associates in July 2000, then grew to its current partnership as established on 10 July 2018.  The Firm presently has a core...
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Philippines Legal Questions answered by Lawyers

Browse our 229 legal questions in Philippines and the lawyer answers, or ask your own questions for free.

Can we change the date of Deed of Sale of real property?
Real Estate Contracts and Negotiations
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
Estate Planning
Elder Law
Trusts
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.
Can I demand Child Support from Live in Partner. Our child bears his last name
Child Support
Family
Hello,Yes, you can demand child support from your live-in partner — especially if the child carries his last name and paternity is acknowledged or can be legally established. Under family law in Pakistan, every biological father is obligated to financially support his child, regardless of the nature of the relationship with the mother.You may file a child maintenance petition in the family court. The court will consider the father’s income and the child’s needs to decide the appropriate monthly support amount.

About Hiring a Lawyer in Central, Philippines

Hiring a lawyer in Central, Philippines involves several steps to ensure you select someone who is well-suited to your needs. It's essential to start with understanding your legal issue and seeking recommendations from trusted sources. Initially, you may consult with potential lawyers to discuss your case, their experience, and their fees. It is important to choose a lawyer who is registered with the Integrated Bar of the Philippines and has good standing. Additionally, discussing and agreeing upon the terms of their representation, including fees and scope of work, is crucial before formally engaging their services.

Why You May Need a Lawyer

There are several common situations where you might need legal assistance in Central, Philippines:

  • Family law matters such as annulment, child custody, or support issues.
  • Real estate transactions, including buying, selling, or leasing property.
  • Criminal defense for charges such as theft, assault, or other offenses.
  • Business-related legal matters, including contracts, labor disputes, and taxation issues.
  • Immigration services or visa applications.
  • Personal injury claims or cases involving compensation for accidents.
  • Estate planning and handling probate issues.

Local Laws Overview

In Central, Philippines, the legal framework is based on civil law influenced by Spanish and American legal systems. Some key laws include:

  • Civil Code: Governs personal and family relations, property, contracts, and obligations.
  • Criminal Code: Addresses offenses, punishments, and procedures for criminal cases.
  • Family Code: Covers aspects related to marriage, family, and children.
  • Labor Code: Deals with labor practices, employee rights, and employer obligations.
  • Local Government Code: Provides the foundation for local government structure and function.
  • Real Estate Laws: Includes regulations on property ownership, transfers, and tenant rights.

Frequently Asked Questions

How do I verify if a lawyer is licensed to practice in the Philippines?

Verify a lawyer's credentials by checking their enrollment with the Integrated Bar of the Philippines (IBP). You can contact the IBP or visit their official website for this information.

What should I consider when choosing a lawyer?

Consider the lawyer’s experience in relevant legal matters, reputation, communication skills, fees, and their ability to understand your cultural and personal context.

Are there free legal services available in Central, Philippines?

Yes, services such as the Public Attorney’s Office (PAO) provide free legal assistance to individuals who meet certain income criteria.

What are typical legal fees in Central, Philippines?

Legal fees can vary widely based on the complexity of the case, the lawyer's experience, and their practice location. Always discuss fees upfront.

Can a lawyer represent me in areas outside their local jurisdiction?

Yes, lawyers in the Philippines can practice nationwide but may have to comply with certain local court rules when representing clients outside their home jurisdiction.

How long does it take to resolve common legal issues?

Resolution time varies; simple matters may take weeks to months, while complex cases can take years, depending on their nature and jurisdictional backlog.

What is the role of a Notary Public in the Philippines?

A Notary Public authenticates documents, administers oaths, and performs other acts necessary for documentation, similar to their role in other jurisdictions.

Is mediation or arbitration available in Central, Philippines?

Yes, alternative dispute resolution methods such as mediation and arbitration are encouraged to avoid lengthy court procedures.

How can I find out more about my legal issue?

Research local laws, visit government sites like the Department of Justice for reliable information, or consult with a legal professional for guidance.

What should I bring to my first consultation with a lawyer?

Bring any relevant documents related to your legal issue, personal identification, and a list of questions related to your case.

Additional Resources

Consider the following resources for further assistance:

  • Department of Justice - Philippines
  • Integrated Bar of the Philippines
  • Local government offices and the Public Attorney's Office can provide valuable support and information.

Next Steps

If you need legal assistance in Central, Philippines:

  1. Identify your specific legal needs.
  2. Research and list potential lawyers or law firms that specialize in your area of concern.
  3. Schedule consultations to discuss your case and evaluate their expertise and approach.
  4. Decide on a lawyer, agree on terms of service, and begin the legal process with their guidance.
  5. Stay informed and engaged throughout the process to ensure your best interests are represented.
Lawzana helps you find the best lawyers and law firms in Central 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. Get a quote from top-rated law firms in Central, Philippines - quickly, securely, and without unnecessary hassle.

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.