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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.
About hiring a lawyer in Meycauayan, Philippines
Hiring a lawyer in Meycauayan, Philippines involves searching for a reputable law firm or attorney, meeting with them to discuss your legal needs, and entering into an agreement for legal representation. It is important to choose a lawyer who specializes in the area of law that your case falls under.
Why You May Need a Lawyer
There are various situations where you may need legal help in Meycauayan, Philippines, such as personal injury cases, family law matters, criminal defense, estate planning, and business transactions. A lawyer can provide you with legal advice, represent you in court, and help protect your rights.
Local Laws Overview
Meycauayan, Philippines follows the laws established by the Philippine government, as well as local ordinances specific to the area. Some key aspects of local laws that may be relevant to lawyers in Meycauayan include property rights, contract law, labor laws, and environmental regulations.
Frequently Asked Questions
1. How do I find a reputable law firm in Meycauayan, Philippines?
You can start by asking for referrals from friends or family, searching online for law firms in the area, or contacting the local bar association for recommendations.
2. What should I consider when choosing a lawyer?
Consider the lawyer's experience, expertise in the relevant area of law, communication skills, and fee structure before making a decision.
3. How much does it cost to hire a lawyer in Meycauayan?
The cost of hiring a lawyer in Meycauayan can vary depending on the complexity of your case and the lawyer's fee structure. It is recommended to discuss fees upfront before entering into an agreement.
4. How long does it take to resolve a legal matter in Meycauayan?
The timeline for resolving a legal matter can vary depending on the complexity of the case, court backlog, and other factors. Your lawyer can provide you with an estimate of the expected timeline.
5. Can I represent myself in court in Meycauayan?
While it is possible to represent yourself in court, it is highly recommended to hire a lawyer who can provide you with legal advice and represent your interests effectively.
6. What is the role of a lawyer in Meycauayan?
A lawyer in Meycauayan can provide you with legal advice, represent you in court, negotiate on your behalf, draft legal documents, and help you navigate the legal system.
7. Are there free legal services available in Meycauayan?
Some legal aid organizations and pro bono services may offer free legal assistance to individuals who cannot afford to hire a lawyer. It is recommended to inquire about these services if needed.
8. Can I hire a lawyer for a consultation only in Meycauayan?
Yes, you can hire a lawyer for a consultation only to discuss your legal needs, seek advice, and explore your options. The lawyer can provide you with guidance on how to proceed with your case.
9. How can I file a complaint against a lawyer in Meycauayan?
If you have a complaint against a lawyer in Meycauayan, you can file a formal complaint with the Integrated Bar of the Philippines or the local bar association. They will investigate the matter and take appropriate action if necessary.
10. What should I do if I need legal assistance in Meycauayan?
If you need legal assistance in Meycauayan, you can start by contacting a reputable law firm or lawyer in the area to discuss your case and explore your options for legal representation.
Additional Resources
For additional resources and support in Meycauayan, you can contact the Integrated Bar of the Philippines, the Meycauayan City Hall, and local legal aid organizations for assistance with your legal needs.
Next Steps
If you require legal assistance in Meycauayan, Philippines, it is recommended to start by researching and contacting reputable law firms in the area. Schedule consultations to discuss your case, and choose a lawyer who can provide you with the legal representation you need. Remember to ask about fees, timelines, and communication expectations before moving forward with 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.