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Juni and Juni Partners
Liloan, Philippines

English
Juni and Juni Partners is a distinguished law firm in the Philippines, offering a comprehensive suite of services including legal counsel, bookkeeping, audit, taxation, consultancy, payroll management, and virtual office solutions. This multidisciplinary approach enables the firm to address a wide...
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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 Liloan, Philippines

Hiring a lawyer in Liloan, Cebu, Philippines typically begins with identifying your specific legal needs. You may find lawyers through recommendations from friends and family, local directories, or by visiting law offices in the municipality. Lawyers in Liloan commonly offer a wide range of services-from civil and criminal cases to real estate and family law matters. Before formally engaging a lawyer, you should schedule an initial consultation to discuss your case, the lawyer’s expertise, and their professional fees. It’s important to ensure your chosen lawyer is duly licensed by the Integrated Bar of the Philippines (IBP) and has a good standing with local courts.

Why You May Need a Lawyer

Residents and businesses in Liloan may require legal assistance for a variety of reasons. Common situations include:

  • Land and Property Transactions: Assistance with buying, selling, leasing, or transferring real estate is a frequent reason to seek legal help, especially given Liloan’s growing real estate market.
  • Family Law Matters: Issues such as marriage, annulment, child custody, support, and inheritance often require legal advice and representation.
  • Business and Corporate Concerns: Business owners may need help with business registration, permits, contracts, and compliance with local ordinances.
  • Civil and Criminal Cases: Whether you are asserting your rights or defending yourself, legal representation is vital in court proceedings.
  • Labor and Employment Issues: Employees and employers sometimes face disputes relating to contracts, wages, or termination.
  • Barangay Disputes: Local conflicts are often settled at the barangay level, but situations may require escalation to municipal courts or formal legal representation.

Local Laws Overview

Liloan, as a municipality in Cebu, is governed by both national and local laws. Key legal areas relevant to clients and lawyers in Liloan include:

  • Barangay Justice System: Minor disputes are first brought before the Barangay Justice System (Lupong Tagapamayapa) for amicable settlement before being filed in court.
  • Zoning and Land Use: The municipality enforces specific zoning and building regulations, which must be adhered to in real estate matters. Permits and clearances from the municipal hall are often required.
  • Business Permits: Local businesses must obtain the necessary licenses and comply with municipal ordinances.
  • Family and Inheritance Laws: Matters of marriage, succession, and property division are governed by the Family Code and Civil Code, with local courts handling relevant cases.
  • Environmental Regulations: Liloan follows national environmental laws, as well as local ordinances to protect natural resources and manage waste.
  • Criminal Laws: Law enforcement is handled by the local Philippine National Police (PNP) with cases filed before the municipal or regional trial courts as applicable.

It is advisable to seek local legal expertise since certain procedures and requirements may differ from other Philippine municipalities.

Frequently Asked Questions

What should I prepare before meeting a lawyer in Liloan?

Prepare all relevant documents pertaining to your case (contracts, IDs, letters, court notices, etc.), make a clear summary of your concerns, and be ready to discuss your objectives and expectations.

How do I know if a lawyer is qualified to practice in Liloan?

Check if the lawyer is a member in good standing with the Integrated Bar of the Philippines. You may also verify through the IBP Cebu Chapter or with the local courts.

What are the usual professional fees for lawyers in Liloan?

Fees depend on the complexity of your case and the lawyer’s experience. Some charge flat rates for specific services, while others may bill by the hour. Always discuss and agree on fees before engaging their services.

Can I get free or low-cost legal aid in Liloan?

Yes, you may seek assistance from the Public Attorney’s Office (PAO) for qualified indigent clients or inquire at the Liloan Municipal Hall for available legal aid programs.

Where can I file a case or complaint in Liloan?

For most civil and criminal matters, you may file a complaint at the appropriate local court or with the Barangay Justice System for minor disputes. For serious offenses, proceed to the municipal police station or prosecutor’s office.

How long does a typical legal process take in Liloan?

Timelines vary greatly depending on the nature of the case. Some matters may be settled at the barangay level within weeks, while court proceedings can take several months to years.

Is it mandatory to attempt barangay settlement before going to court?

For minor civil disputes and cases involving residents of the same barangay, barangay conciliation is generally required before filing a court case, except for criminal offenses with penalties above one year and other excluded cases.

Can a lawyer from outside Liloan represent me?

Yes, lawyers licensed in the Philippines can practice anywhere in the country, though those familiar with local rules and procedures may offer added advantages.

How do I handle land disputes in Liloan?

Begin by consulting with a lawyer to review your documents. Many land disputes start at the barangay for mediation, and if unresolved, the matter can be escalated to local courts.

What if I cannot afford a lawyer?

The Public Attorney’s Office (PAO) provides free legal services to indigents. You may also inquire about pro-bono services through the IBP or other legal aid institutions.

Additional Resources

  • Liloan Municipal Hall: For information on local ordinances and legal procedures. Visit their office for forms, permits, and public legal aid schedules.
  • Public Attorney’s Office (PAO): https://www.pao.gov.ph for free legal assistance to qualified individuals.
  • Integrated Bar of the Philippines (Cebu Chapter): For a list of accredited lawyers in Liloan and nearby cities.
  • Barangay Justice System: Each barangay has a Lupong Tagapamayapa for local disputes settlement.
  • Philippine National Police (PNP) Liloan: For criminal complaints and police clearances.
  • Department of Justice (DOJ): https://www.doj.gov.ph for information on Philippine justice procedures and free legal clinics.

Next Steps

If you need legal assistance in Liloan, begin by clarifying your legal concern and gathering all relevant documentation. Identify a qualified lawyer either through referrals or by contacting the IBP Cebu Chapter or the Public Attorney’s Office for legal aid eligibility. Arrange an initial consultation to discuss your options, understand the legal process, and negotiate fees or service terms. For many disputes, you may need to start by seeking resolution at the barangay level. If urgent legal protection or action is required, such as in criminal cases or imminent threats to property, proceed directly to the local police or courts for assistance. Always work with reputable, licensed practitioners and don’t hesitate to use the resources and governmental offices mentioned above for guidance and support throughout your legal journey in Liloan, Philippines.

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