Best Lawyers in Iloilo 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 Iloilo City, Philippines
When seeking legal advice or representation in Iloilo City, Philippines, it is important to hire a qualified lawyer who is knowledgeable about local laws and regulations. To hire a lawyer in Iloilo City, you can start by researching law firms in the area, asking for recommendations from friends or family members, or contacting the Integrated Bar of the Philippines (IBP) Iloilo Chapter for assistance. Once you have found a potential lawyer, schedule a consultation to discuss your case and determine if they are the right fit for your legal needs.
Why You May Need a Lawyer
There are various situations where you may require legal help in Iloilo City, Philippines, such as drafting contracts, resolving disputes, handling property matters, dealing with employment issues, or seeking compensation for personal injuries. A lawyer can provide you with expert advice, represent you in court, negotiate on your behalf, and ensure that your rights are protected under the law.
Local Laws Overview
In Iloilo City, Philippines, lawyers are well-versed in the country's legal system, which is influenced by both civil law and common law principles. Local laws cover a wide range of areas, including family law, criminal law, labor law, real estate law, and business law. It is important to hire a lawyer who understands the nuances of Philippine law and has experience in handling cases in Iloilo City.
Frequently Asked Questions
1. How do I find a reputable law firm in Iloilo City?
You can find a reputable law firm in Iloilo City by asking for recommendations, researching online, or contacting the IBP Iloilo Chapter for referrals.
2. How much does it cost to hire a lawyer in Iloilo City?
The cost of hiring a lawyer in Iloilo City will vary depending on the complexity of your case, the lawyer's experience, and the services required. It is best to discuss fees and payment arrangements upfront.
3. What qualities should I look for in a lawyer in Iloilo City?
You should look for a lawyer in Iloilo City who is experienced, knowledgeable about local laws, communicative, responsive, and trustworthy.
4. How long will it take to resolve my legal issue in Iloilo City?
The timeline for resolving a legal issue in Iloilo City will depend on the complexity of the case and the court's schedule. Your lawyer can provide you with an estimate based on the specifics of your situation.
5. Can I handle my legal matter without a lawyer in Iloilo City?
While it is possible to handle some legal matters on your own, having a lawyer in Iloilo City can help ensure that your rights are protected and that you achieve the best possible outcome.
6. Will my lawyer keep my information confidential?
Yes, lawyers in Iloilo City are bound by confidentiality rules and will keep your information confidential unless you give them permission to disclose it or if required by law.
7. How can I prepare for my consultation with a lawyer in Iloilo City?
You can prepare for your consultation with a lawyer in Iloilo City by gathering relevant documents, writing down your questions and concerns, and being honest and forthcoming about your situation.
8. What are the common legal services offered by law firms in Iloilo City?
Law firms in Iloilo City offer a wide range of legal services, including advice on contracts, litigation, estate planning, property transactions, labor disputes, and more.
9. Can I negotiate the fees with my lawyer in Iloilo City?
Yes, you can negotiate the fees with your lawyer in Iloilo City, but it is important to have a clear understanding of the services provided and the payment terms before agreeing to anything.
10. How can I file a complaint against a lawyer in Iloilo City?
If you have a complaint against a lawyer in Iloilo City, you can contact the IBP Iloilo Chapter for assistance in filing a formal complaint and seeking resolution.
Additional Resources
For additional resources on legal matters in Iloilo City, you can contact the IBP Iloilo Chapter, the local courts, the Department of Justice, or the Public Attorney's Office for assistance and information.
Next Steps
If you find yourself in need of legal assistance in Iloilo City, Philippines, the next steps would be to research law firms, schedule consultations with potential lawyers, discuss your case, and make an informed decision on hiring legal representation. Remember to be proactive, communicate openly with your lawyer, and follow their advice to achieve the best possible outcome for your legal matter.
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.