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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Atty. Rainier Mamangun's Law Office is a full-service firm that provides a full range of legal services for any activity or venture, or any area of interest or concern in the Philippines. Guided by traditional values, but oriented towards present-day solutions, his law firm is composed of lawyers...
Founded in 2023
10 people in their team
English
Tagalog
Trusted Family Law Experts in the Philippines - ACE Law OfficeAt ACE Law Office, we recognize that facing legal challenges, especially those involving family matters, can feel overwhelming. That’s why we are committed to offering not just legal expertise, but also empathy and clarity throughout...
Founded in 1984
50 people in their team
Tagalog
English
About PunoLawWe are experts in our chosen practice areas with diverse experiences, including as a member of the executive and legislative branches of the Philippine government and as general counsels of private Philippine and multinational companies. We harness our expertise in finding...
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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 Mandaluyong City, Philippines:
Hiring a lawyer in Mandaluyong City, Philippines can be a crucial decision when dealing with legal matters. It is essential to find a knowledgeable and experienced lawyer who can guide you through the legal process and provide you with the best possible outcome for your case. When looking for a lawyer, consider their expertise, experience, and reputation within the legal community.
Why You May Need a Lawyer:
There are several situations where you may require legal help in Mandaluyong City, Philippines, such as drafting legal documents, resolving disputes, or representing you in court. A lawyer can provide you with legal advice, protect your rights, and ensure that your interests are well-represented in legal proceedings.
Local Laws Overview:
Mandaluyong City, Philippines, has its own set of local laws that govern various aspects of daily life, such as traffic regulations, business permits, and real estate transactions. Lawyers in Mandaluyong City are well-versed in these local laws and can provide you with the necessary legal assistance to navigate them effectively.
Frequently Asked Questions:
1. How do I find a reputable law firm in Mandaluyong City, Philippines?
It is recommended to ask for recommendations from friends or family members, conduct online research, and schedule consultations with potential law firms to determine the best fit for your legal needs.
2. What types of cases do lawyers in Mandaluyong City typically handle?
Lawyers in Mandaluyong City handle a wide range of cases, including criminal defense, family law, estate planning, and business law.
3. How much does it cost to hire a lawyer in Mandaluyong City?
The cost of hiring a lawyer in Mandaluyong City can vary depending on the complexity of the case and the lawyer's experience. It is essential to discuss fees and payment options with your lawyer before proceeding with legal services.
4. Can I represent myself in court without a lawyer in Mandaluyong City?
While you have the right to represent yourself in court, it is highly advisable to seek legal representation to ensure that your rights are protected and your interests are well-represented.
5. What should I look for when hiring a lawyer in Mandaluyong City?
When hiring a lawyer in Mandaluyong City, consider their expertise, experience, communication skills, and reputation within the legal community. It is essential to choose a lawyer who you feel comfortable working with and who has your best interests in mind.
6. How long does it take to resolve a legal case in Mandaluyong City?
The time it takes to resolve a legal case in Mandaluyong City can vary depending on the complexity of the case, the legal process involved, and other factors. It is best to consult with your lawyer to get a realistic timeline for your case.
7. Can I switch lawyers in the middle of my case in Mandaluyong City?
While you have the right to switch lawyers in the middle of your case in Mandaluyong City, it is essential to consider the potential implications and seek legal advice before making any decisions.
8. Are there any free legal services available in Mandaluyong City?
There are some organizations and legal aid clinics in Mandaluyong City that offer free or low-cost legal services to individuals in need. It is recommended to research these resources and explore your options if you require legal assistance.
9. What documents should I bring to my initial consultation with a lawyer in Mandaluyong City?
It is advisable to bring any relevant documents, such as contracts, letters, or court papers, to your initial consultation with a lawyer in Mandaluyong City. These documents can help your lawyer assess your case and provide you with the best legal advice.
10. How can I verify a lawyer's credentials in Mandaluyong City?
You can verify a lawyer's credentials in Mandaluyong City by checking their membership in the Integrated Bar of the Philippines (IBP) or other legal organizations, reviewing their educational background and experience, and seeking references from previous clients.
Additional Resources:
For additional resources and information on legal services in Mandaluyong City, Philippines, you can contact the Mandaluyong City Hall, the Mandaluyong City Prosecutor's Office, or the Integrated Bar of the Philippines - Mandaluyong City Chapter.
Next Steps:
If you require legal assistance in Mandaluyong City, Philippines, it is advisable to schedule consultations with potential law firms, discuss your legal needs, and choose a lawyer who can provide you with the best legal representation for your case. It is essential to communicate openly with your lawyer, follow their advice, and actively participate in the legal process to achieve a successful outcome.
Lawzana helps you find the best lawyers and law firms in Mandaluyong 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.
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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.