Best Lawyers in Lapu-Lapu City
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List of the best lawyers in Lapu-Lapu City, Philippines
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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?
- 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.
- Can I demand Child Support from Live in Partner. Our child bears his last name
- 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 Lapu-Lapu City, Philippines
Hiring a lawyer in Lapu-Lapu City involves understanding your legal needs and seeking a qualified attorney to represent you. Begin by identifying the area of law relevant to your issue, such as family, business, or criminal law. You can obtain recommendations from friends or conduct research online for law firms with reputable backgrounds. Initial consultations are often free and are an excellent opportunity to discuss your case and the lawyer's expertise and fees. Ensure that the lawyer is registered with the Integrated Bar of the Philippines and inquire about specific experience in handling cases like yours.
Why You May Need a Lawyer
There are several situations in Lapu-Lapu City where legal assistance might be necessary. Common reasons include:
- Business Startups: Navigating permits and compliance for new businesses.
- Property Issues: Assistance with property transactions, disputes, or zoning concerns.
- Family Matters: Legal support in cases of annulment, custody, or child support.
- Criminal Defense: Representation if you are accused of a crime.
- Employment Situations: Handling wrongful termination or labor disputes.
- Immigration: Visa applications or residency issues.
Local Laws Overview
Lapu-Lapu City, being part of the Philippines, adheres to national laws but also observes specific municipal ordinances. Critical laws to be aware of include:
- Real Estate Laws: Understanding property ownership and foreign ownership limitations.
- Family Code: Governing marriages, legal separation, and child-related issues.
- Business Regulations: Requirements for registering businesses and securing necessary permits.
- Criminal Law: Covers offenses and penalties applicable nationwide, including crimes as per the Revised Penal Code.
- Traffic Ordinances: Local rules regarding transportation and traffic within the city.
Frequently Asked Questions
How can I find a reputable lawyer in Lapu-Lapu City?
You can search for local law firms online, ask for recommendations from locals, or consult the Integrated Bar of the Philippines (IBP) chapter in Cebu.
What are the typical costs associated with hiring a lawyer?
Costs vary depending on the complexity of your case and the lawyer's experience. Consultation fees can range from hourly rates to flat fees for specific services. Discuss this during your initial meeting.
Can I get free legal assistance?
Yes, certain government bodies and non-profit organizations offer free legal aid for qualifying individuals. The Public Attorney's Office (PAO) offers free legal services to indigent clients.
How long does it take to resolve a legal case?
The duration depends on the nature and complexity of the case, court schedules, and the parties involved. Simple cases may resolve in a few months, whereas complex cases could take years.
Can a foreigner find legal representation in Lapu-Lapu City?
Yes, many lawyers in Lapu-Lapu City are experienced in working with foreign clients, particularly in matters related to business and immigration.
Do lawyers in Lapu-Lapu City handle cases from other regions?
Lawyers can represent clients in different areas of the Philippines, though additional travel fees might apply if a case requires frequent appearances in courts outside Cebu.
What should I bring when meeting a lawyer for the first time?
Prepare all relevant documents related to your case, identification, and a set of questions or concerns to discuss during the consultation.
Is legal representation mandatory for all court cases?
While you can represent yourself, having legal counsel is advised to ensure your rights are protected and for professional guidance through the legal process.
How can I verify a lawyer's credentials?
Verify with the Integrated Bar of the Philippines to ensure the lawyer is in good standing and legally permitted to practice.
What if I'm not satisfied with my lawyer's performance?
Communicate your concerns directly with your lawyer. If unresolved, you can seek assistance from the IBP or consider hiring a new attorney.
Additional Resources
The following resources can assist you in obtaining legal advice:
- Public Attorney's Office (PAO)
- Department of Justice - Legal Affairs
- Government social services and non-governmental organizations providing legal aid in Cebu
Next Steps
If you need legal assistance, start by identifying your specific legal needs and gather any necessary documents. Research and contact local lawyers or law firms to schedule consultations. Utilize available resources like the Public Attorney's Office if you qualify for free legal aid. Stay proactive in communicating with your attorney and ensure you're comfortable with the legal strategy laid out 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.