Best Lawyers in Mandaue City
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List of the best lawyers in Mandaue 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 Mandaue City, Philippines:
When seeking legal advice in Mandaue City, Philippines, it is crucial to find a reputable lawyer who is knowledgeable about local laws and regulations. To hire a lawyer, you can start by conducting research online, asking for recommendations from friends or family members, or contacting the Integrated Bar of the Philippines (IBP) chapter in Mandaue City for referrals. Once you have identified potential lawyers, schedule consultations to discuss your case and determine if they are the right fit for your legal needs.
Why You May Need a Lawyer:
There are various situations where individuals may require legal help in Mandaue City, Philippines, including but not limited to: estate planning, real estate transactions, business formations, contract disputes, family law matters, personal injury cases, and criminal defense. A lawyer can provide valuable guidance, representation, and advocacy to ensure your rights are protected and that you receive fair treatment under the law.
Local Laws Overview:
Mandaue City, Philippines, operates under the Philippine legal system, which is based on a combination of civil law, common law, and customary law. Some key aspects of local laws that are particularly relevant to lawyers in Mandaue City include labor laws, commercial laws, civil laws, and criminal laws. It is essential for lawyers practicing in Mandaue City to stay updated on any changes or developments in the legal landscape to provide effective legal representation to their clients.
Frequently Asked Questions:
1. How do I find a reputable law firm in Mandaue City?
You can research online, ask for referrals, or contact the Integrated Bar of the Philippines (IBP) chapter in Mandaue City for recommendations.
2. What are the typical fees for hiring a lawyer in Mandaue City?
Fees can vary depending on the complexity of the case and the reputation of the lawyer. It is essential to discuss fee arrangements upfront before engaging with a lawyer.
3. How long does it take to resolve a legal issue in Mandaue City?
The timeline for resolving a legal issue can vary depending on the nature of the case, the court's schedule, and other factors. It is best to consult with your lawyer for an estimate.
4. Do I need a lawyer for a minor legal matter in Mandaue City?
While not required, having legal representation can ensure that your rights are protected and that you receive fair treatment under the law.
5. What qualifications should I look for in a lawyer in Mandaue City?
You should look for a lawyer who is licensed to practice law in the Philippines, has experience in handling similar cases, and has a good reputation in the legal community.
6. Can I switch lawyers in the middle of a case in Mandaue City?
Yes, you have the right to change lawyers at any time. However, it is essential to consider the potential implications and costs before making the switch.
7. What documents do I need to prepare when meeting with a lawyer in Mandaue City?
You should bring any relevant documents related to your case, such as contracts, correspondence, court documents, and any other evidence that may support your legal matter.
8. Can I request a free consultation with a lawyer in Mandaue City?
Many lawyers offer free initial consultations to discuss your case and determine if they are the right fit for your legal needs.
9. How can I verify the credentials of a lawyer in Mandaue City?
You can verify a lawyer's credentials by checking with the Integrated Bar of the Philippines (IBP) or other legal organizations in Mandaue City.
10. What should I do if I cannot afford a lawyer in Mandaue City?
You can inquire about pro bono legal services, legal aid organizations, or public defenders that may provide assistance to individuals who cannot afford legal representation.
Additional Resources:
For additional resources and information on legal services in Mandaue City, you can contact the IBP Mandaue City chapter, the Mandaue City Hall, or the Mandaue City Legal Aid office.
Next Steps:
If you require legal assistance in Mandaue City, Philippines, start by researching reputable law firms, scheduling consultations with potential lawyers, and discussing your legal needs and concerns. Be proactive in seeking legal advice to protect your rights and interests under the law.
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.