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J.M.PATRON & Associates Law Office
Lipa City, Philippines

Founded in 2007
4 people in their team
English
PROFESSIONAL SERVICES OFFERED: ● BUSINESS & CORPORATE ● ADOPTION ● MARRIAGE & FAMILY RELATIONS ● REALTY TRANSACTION AND LAND REGISTRATION ● ESTATE AND INHERITANCE ● LABOR ● LITIGATION ● NOTARIAL ● LEGAL CONSULTANCY ASSISTANCE IN:LAND SURVEY   TRANSFER...
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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 Lipa City, Philippines

Hiring a lawyer in Lipa City follows a structured process similar to other areas in the Philippines. To start, individuals should identify their legal needs and seek referrals or recommendations for reputable lawyers or law firms. Initial consultations can help assess the lawyer's expertise, experience, and whether they meet one's specific legal needs. It is crucial to understand the fee structure, including consultation fees, retainer agreements, and potential additional costs. Make sure to verify the lawyer’s credentials and reputation by visiting the Integrated Bar of the Philippines’ website or directly contacting the local chapter.

Why You May Need a Lawyer

There are many situations where hiring a lawyer in Lipa City can be beneficial. Common reasons include issues of family law such as annulment or child custody, property disputes, settlement of estates, and business-related legal matters like setting up a corporation or handling taxation concerns. Moreover, those facing criminal charges, experiencing employment disputes, or involved in contractual disagreements may find legal assistance indispensable. Lawyers can also assist in navigating complex legal systems and ensuring that their clients’ rights are protected throughout any legal proceedings.

Local Laws Overview

Lipa City, as part of the Philippines, follows national laws but also adheres to specific local ordinances that can be unique to the region. For instance, local regulations concerning real estate and property taxes, business permits, and licensing requirements are crucial for lawyers practicing in the city. Additionally, environmental laws and zoning ordinances are significant in this region due to Lipa's agricultural land and urban development. Understanding the interplay between national statutes and local ordinances is essential for legal professionals working in Lipa City.

Frequently Asked Questions

1. What should I consider when choosing a lawyer in Lipa City?

Consider the lawyer's area of expertise, experience, reputation, and fee structure. It's also important to feel comfortable communicating with them.

2. Can I settle legal issues without going to court?

Yes, many legal issues can be settled out of court through negotiation, mediation, or arbitration, which can be less expensive and faster.

3. How are legal fees typically structured in Lipa City?

Fees can be structured as flat rates, hourly rates, or contingency fees depending on the nature of the legal service required. Ensure all fees are transparent and agreed upon in writing.

4. How long does it typically take to resolve a legal case?

Duration varies depending on case complexity, court schedules, and negotiation lengths. Simple cases might resolve in a few weeks, while complicated ones can take years.

5. What is the role of the Integrated Bar of the Philippines in legal matters?

It is the official organization for Philippine lawyers, overseeing professional conduct, accreditation, and provides resources for legal assistance.

6. Are there legal aid services available in Lipa City?

Yes, the Public Attorney’s Office provides free legal services to indigent clients. Some private organizations also offer pro bono services.

7. What documentation should I prepare before meeting a lawyer?

Prepare all relevant legal documents, contracts, correspondence, financial records, and personal identification to provide your lawyer with all necessary information.

8. Can lawyers in Lipa City practice in other cities or provinces?

Yes, lawyers in the Philippines can practice nationwide, but familiarity with local ordinances is crucial for resolving region-specific issues.

9. How do I verify a lawyer’s credentials?

Check with the Integrated Bar of the Philippines or consult local bar chapters for confirmation of a lawyer’s credentials and good standing.

10. What are some red flags to watch out for when hiring a lawyer?

Be wary of lawyers who guarantee outcomes, are evasive about fees, or have negative reviews or disciplinary issues with the bar association.

Additional Resources

For further assistance, consider reaching out to governmental bodies such as the Lipa City Hall or the nearest Public Attorney's Office for legal advice and services. Additionally, non-governmental organizations often provide community-based legal aid and advice.

Next Steps

If you require legal assistance in Lipa City, start by identifying the type of legal issue you are facing. Conduct research to find a lawyer or law firm specializing in the relevant area of law. Reach out for an initial consultation to discuss your case and understand the legal options and costs. Make sure you gather and organize all relevant documents to present your case effectively to your legal counsel.

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