Best Lawyers in Las Pinas
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List of the best lawyers in Las Pinas, 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 Las Pinas, Philippines:
When seeking legal advice in Las Pinas, Philippines, it is important to find a reputable lawyer or law firm that specializes in the area of law that you need assistance with. You can start by researching online, asking for referrals from friends or family, or contacting legal associations for recommendations. Once you have identified potential lawyers, schedule consultations to discuss your case and determine if they are the right fit for you.
Why You May Need a Lawyer:
There are various situations where you may require legal help in Las Pinas, Philippines, such as personal injury cases, family law matters, real estate transactions, business disputes, and criminal defense. A lawyer can provide you with legal advice, represent you in court, negotiate settlements, and help protect your rights and interests.
Local Laws Overview:
Las Pinas, Philippines, follows the laws set forth by the Philippine government, which includes civil, criminal, and administrative laws. Some key aspects of local laws that are particularly relevant to lawyers in Las Pinas include property rights, contract law, labor laws, and family law. It is essential to hire a lawyer who has a good understanding of these laws and how they apply to your specific case.
Frequently Asked Questions:
1. How do I find a reputable law firm in Las Pinas, Philippines?
You can start by researching online, asking for referrals, or contacting legal associations for recommendations. Make sure to schedule consultations to discuss your case and determine if the firm is the right fit for you.
2. What are the typical fees for hiring a lawyer in Las Pinas, Philippines?
Fees can vary depending on the complexity of your case and the experience of the lawyer. Some lawyers may charge hourly rates, flat fees, or contingency fees. It is essential to discuss fees upfront and make sure you understand the payment terms before hiring a lawyer.
3. How long does it take to resolve a legal case in Las Pinas, Philippines?
The timeline for resolving a legal case can vary depending on the complexity of the case, court schedules, and the willingness of both parties to negotiate. It is essential to discuss the expectations and potential timelines with your lawyer.
4. Can I represent myself in court in Las Pinas, Philippines?
While you have the right to represent yourself in court, it is highly recommended to hire a lawyer to navigate the complex legal system and ensure your rights are protected. A lawyer can provide you with valuable advice and representation throughout your case.
5. What qualifications should I look for when hiring a lawyer in Las Pinas, Philippines?
You should look for a lawyer who is licensed to practice law in the Philippines, has experience in handling cases similar to yours, and has a good reputation in the legal community. Make sure to inquire about their qualifications, track record, and approach to handling cases.
6. What documents should I bring to my initial consultation with a lawyer in Las Pinas, Philippines?
You should bring any relevant documents related to your case, such as contracts, correspondence, court documents, and evidence. These documents will help the lawyer understand your situation and provide you with informed advice on how to proceed.
7. How can I stay informed about the progress of my case in Las Pinas, Philippines?
Your lawyer should keep you updated on the progress of your case through regular communication, updates on court filings, and meetings to discuss the next steps. Make sure to establish a communication plan with your lawyer to stay informed throughout the legal process.
8. Can I switch lawyers during my case in Las Pinas, Philippines?
Yes, you have the right to switch lawyers at any time during your case if you are not satisfied with the representation or if you believe another lawyer is better suited for your needs. Make sure to discuss the transition process with your new lawyer to ensure a smooth transition.
9. How can I file a complaint against a lawyer in Las Pinas, Philippines?
If you have a complaint against a lawyer in Las Pinas, you can file a complaint with the Integrated Bar of the Philippines or the Supreme Court. Make sure to provide detailed information and evidence to support your complaint and follow the proper procedures for filing a grievance.
10. What resources are available for legal assistance in Las Pinas, Philippines?
There are various resources available for legal assistance in Las Pinas, including legal aid organizations, government agencies, and pro bono services. These resources can provide you with access to legal information, advice, and representation for your case.
Additional Resources:
For additional resources on legal assistance in Las Pinas, Philippines, you can contact the Integrated Bar of the Philippines - Las Pinas Chapter, the Philippine Bar Association, or the Public Attorney's Office. These organizations can provide you with valuable information and referrals to reputable lawyers in your area.
Next Steps:
If you are in need of legal assistance in Las Pinas, Philippines, the next step is to research and contact potential lawyers or law firms to schedule consultations. During the consultations, discuss your case, ask questions about their experience and approach, and determine if they are the right fit for you. Once you have selected a lawyer, make sure to sign a retainer agreement outlining the terms of representation and begin working on 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.