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Francis Esguerra Miranda and Associates
Dinalupihan, Philippines

Founded in 2012
6 people in their team
English
Law You Can UnderstandWe know that legal action can sometimes be overwhelming. We are dedicated to providing you help in a language that you can understand. If you don't feel like you understand your options, just ask, and we will work to find an explanation that works for you. A Focus on...
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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.

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.At MAH&CO., we specialize in family and child support cases. We can help you file your case professionally and ensure your child's rights are protected. Please don’t hesitate to reach out to us.Warm regards,MAH&CO. | Child Support & Family Law ExpertsServing clients in Karachi, Lahore & IslamabadPhone: +92-345-8231881 | +92-300-3444617Email: [email protected] | [email protected]
Illegal detention of our mother
Family
Guardianship
We received your message inquiry from Lawzana regarding your concern about being denied access and communication with your mother, who is currently residing in a house owned by your family corporation.We understand how emotionally distressing this situation is, especially since your sister is allegedly restricting access by padlocking the home, limiting communication with your mother and caregivers, and only showing selective videos.This situation raises legal concerns on both the family and corporate fronts. We can assist you with:a.) Filing a petition for judicial relief to compel access to your mother, especially if undue influence, emotional abuse, or possible elder neglect is present, under the Family Code and relevant protective statutes.b.) Taking corporate legal steps if the house is a corporate asset and one stockholder or family member is exclusively and arbitrarily asserting control, which may constitute misappropriation or abuse of corporate property.c.) Coordinating with barangay or local social services to conduct a welfare check on your mother and intervene if there is suspicion of elder abuse, coercion, or isolation.We strongly recommend scheduling an immediate legal consultation so we can evaluate the full circumstances and identify the appropriate remedies based on your mother’s health, the corporate structure, and the existing property rights.You may book a Zoom or in-office appointment with us via this link: https://calendly.com/recososalawfirm.Alternatively, you may call or text us directly at +639175046510 Or email us at [email protected] are here to help you assert your rights and ensure your mother’s welfare is properly protected.Sincerely,Recososa Law FirmLegal Assistance and Family Law Services Team

About Hiring a Lawyer in Dinalupihan, Philippines

When it comes to hiring a lawyer in Dinalupihan, Philippines, it is important to do thorough research and find a reputable law firm that specializes in the area of law that you require assistance with. You can start by asking for recommendations from friends, family, or colleagues, or by conducting an online search for law firms in the area.

Once you have narrowed down your options, it is advisable to schedule a consultation with the lawyer to discuss your case and assess their expertise and suitability for your needs. Be sure to inquire about their fees, experience, and track record of success to make an informed decision.

Why You May Need a Lawyer

There are several situations where you may require legal help in Dinalupihan, Philippines. Some common scenarios include personal injury cases, family law matters such as divorce or child custody disputes, real estate transactions, business disputes, or criminal defense cases. A lawyer can provide valuable guidance, representation, and advocacy to help you navigate the legal system and achieve a favorable outcome.

Local Laws Overview

Dinalupihan, Philippines, follows the legal system based on Republic Act 386, also known as the Civil Code of the Philippines. This law governs various aspects of civil relationships, contracts, property rights, and obligations. Additionally, local regulations and ordinances may apply to specific matters such as zoning laws, business permits, and taxation. Lawyers in Dinalupihan are well-versed in these laws and can provide expert advice and representation tailored to your legal needs.

Frequently Asked Questions

1. How do I find a reliable law firm in Dinalupihan, Philippines?

You can start by asking for recommendations from friends, family, or colleagues, or by conducting an online search for law firms in the area. Be sure to schedule a consultation to assess their expertise and suitability for your needs.

2. What are the typical fees associated with hiring a lawyer in Dinalupihan, Philippines?

Lawyer fees can vary depending on the complexity of your case, the experience of the attorney, and the type of legal services required. It is advisable to discuss fees upfront and ask for a written agreement detailing the terms of representation.

3. How long does it take to resolve a legal issue in Dinalupihan, Philippines?

The duration of a legal case can vary depending on the complexity of the matter, the cooperation of the parties involved, court scheduling, and other factors. A lawyer can provide an estimate of the timeline based on the specifics of your case.

4. Can a lawyer help me with a real estate transaction in Dinalupihan, Philippines?

Yes, a lawyer specializing in real estate law can assist with property transactions, title searches, contract review, and other legal aspects of buying or selling real estate in Dinalupihan, Philippines.

5. What is the role of a lawyer in a criminal defense case in Dinalupihan, Philippines?

A criminal defense lawyer can provide legal representation, advice, and advocacy for individuals accused of criminal offenses in Dinalupihan, Philippines. They work to protect the rights of the accused and ensure a fair trial process.

6. Can a lawyer help me with a business dispute in Dinalupihan, Philippines?

Yes, a lawyer specializing in business law can assist with resolving disputes between business partners, contractual disagreements, employment issues, intellectual property matters, and other legal challenges that may arise in the course of operating a business in Dinalupihan, Philippines.

7. What should I bring to a consultation with a lawyer in Dinalupihan, Philippines?

It is helpful to bring any relevant documents pertaining to your case, such as contracts, correspondence, court filings, or other evidence. Be prepared to discuss the specifics of your situation and ask any questions you may have about the legal process.

8. Are there pro bono legal services available in Dinalupihan, Philippines?

Some law firms and legal organizations in Dinalupihan may offer pro bono or reduced-fee legal services for individuals who cannot afford traditional legal representation. You can inquire with local legal aid organizations for more information on these resources.

9. How can I verify the credentials of a lawyer in Dinalupihan, Philippines?

You can verify the credentials of a lawyer in Dinalupihan by checking their membership status with the Integrated Bar of the Philippines (IBP), reviewing their educational background, and confirming any specific certifications or specialization in the area of law that you need assistance with.

10. What are the steps to take if I need legal assistance in Dinalupihan, Philippines?

If you require legal assistance in Dinalupihan, Philippines, you can start by researching reputable law firms, scheduling consultations with potential attorneys, and discussing your case to determine the best course of action. Be sure to review any agreements or contracts carefully before proceeding with legal representation.

Additional Resources

For additional resources and assistance with legal matters in Dinalupihan, Philippines, you can contact the local chapter of the Integrated Bar of the Philippines (IBP), the Department of Justice (DOJ), or legal aid organizations such as the Public Attorney's Office (PAO) for guidance and support.

Next Steps

If you require legal assistance in Dinalupihan, Philippines, it is important to act promptly and seek the advice of a qualified lawyer to protect your rights and interests. Take the time to research and select a reputable law firm that specializes in your area of need, schedule a consultation to discuss your case, and proceed with legal representation to achieve a favorable outcome.

Lawzana helps you find the best lawyers and law firms in Dinalupihan 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 Dinalupihan, 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.