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 2022
5 people in their team
Tagalog
English
DAGSAAN MONTERDE CASTILLO LAWAt Dagsaan Monterde Castillo Law (DMC Law), we provide legal counsel across a comprehensive range of practice areas, serving individuals, families, and organizations throughout Luzon.Our firm is founded on the principles of professional diligence, integrity, and a...
English
KALAW PRASAD & HOFILEÑA is a distinguished law firm in the Philippines, renowned for its comprehensive legal services and commitment to excellence. The firm specializes in litigation, offering expertise in employment law, commercial law, and appellate law. Their proactive approach focuses on...
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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 Imus, Philippines
Hiring a lawyer in Imus, Philippines can be a straightforward process. It is important to do some research to find a lawyer who specializes in the area of law that you need assistance with. You can reach out to law firms in the area and schedule consultations to discuss your case and determine if they are the right fit for you. Make sure to inquire about their fees and payment options before making a decision.
Why You May Need a Lawyer
There are various situations where you may require legal help in Imus, Philippines, such as family law matters, real estate transactions, business disputes, and criminal defense cases. A lawyer can provide you with guidance, representation, and support throughout the legal process to ensure your rights are protected.
Local Laws Overview
In Imus, Philippines, lawyers are well-versed in the country's legal system, which is based on a combination of civil law and common law principles. Some key aspects of local laws that are particularly relevant to lawyers in Imus include the Family Code, Property Code, and Penal Code.
Frequently Asked Questions
1. How do I find a reputable law firm in Imus, Philippines?
You can start by asking for recommendations from friends, family, or colleagues. You can also research online and read reviews to find a reputable law firm in Imus.
2. What should I consider when hiring a lawyer?
Some important factors to consider when hiring a lawyer include their experience, expertise in your specific legal issue, communication style, and fees.
3. How much does it cost to hire a lawyer in Imus?
The cost of hiring a lawyer in Imus can vary depending on the complexity of your case and the lawyer's experience. It is important to discuss fees and payment options upfront.
4. Can I represent myself in court without a lawyer?
While you have the right to represent yourself in court, it is highly recommended to seek legal representation to ensure your rights are protected and your case is presented effectively.
5. How long does the legal process take in Imus?
The duration of the legal process in Imus can vary depending on the complexity of your case and the court's schedule. Your lawyer can provide you with an estimate based on the specifics of your situation.
6. Can I switch lawyers during my case?
Yes, you have the right to change lawyers if you are not satisfied with your current representation. It is important to discuss your decision with your current lawyer and ensure a smooth transition to your new lawyer.
7. What are the qualifications of a good lawyer?
A good lawyer should have a strong educational background, relevant experience in your legal issue, excellent communication skills, and a track record of success in similar cases.
8. Can I get legal aid in Imus if I can't afford a lawyer?
There are legal aid programs available in Imus, Philippines for individuals who cannot afford legal representation. You can inquire with local legal organizations for assistance.
9. How do I know if a law firm is reputable?
You can research online reviews, check the firm's track record and success rate, and ask for recommendations from trusted sources to determine if a law firm is reputable.
10. What should I bring to my initial consultation with a lawyer?
For your initial consultation with a lawyer, it is helpful to bring any relevant documents, such as contracts, agreements, court orders, and any other information related to your case. Be prepared to discuss the details of your situation and ask any questions you may have.
Additional Resources
If you are in need of legal advice in Imus, Philippines, you can contact the Integrated Bar of the Philippines (IBP) Imus Chapter or the Imus City Legal Office for assistance. These organizations can provide you with information, resources, and referrals to reputable lawyers in the area.
Next Steps
If you find yourself in need of legal assistance in Imus, Philippines, the first step is to reach out to a reputable law firm in the area. Schedule a consultation to discuss your case and determine the best course of action. Be proactive in seeking legal help to ensure your rights are protected and your legal issues are resolved effectively.
Lawzana helps you find the best lawyers and law firms in Imus 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.