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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 Paranaque City, Philippines:
When looking to hire a lawyer in Paranaque City, Philippines, it is important to do your research and find a reputable law firm or individual lawyer with experience in the specific area of law you require assistance in. You can start by asking for recommendations from friends or family, checking online reviews, or contacting the Integrated Bar of the Philippines (IBP) for a list of licensed attorneys in your area.
Why You May Need a Lawyer:
There are various situations where you may need legal help in Paranaque City, Philippines, such as drafting and reviewing contracts, handling family law matters like divorce or child custody, settling disputes, or seeking legal representation in court. A lawyer can provide guidance, support, and representation to ensure your rights are protected and your best interests are served.
Local Laws Overview:
In Paranaque City, Philippines, lawyers are well-versed in the local laws and regulations that govern various aspects of life, including civil, criminal, labor, and commercial laws. They can help you navigate the legal system, understand your rights and obligations, and provide sound legal advice tailored to your specific needs.
Frequently Asked Questions:
1. How do I find a reputable law firm in Paranaque City, Philippines?
You can start by asking for recommendations from friends or family, checking online reviews, or contacting the Integrated Bar of the Philippines (IBP) for a list of licensed attorneys in your area.
2. What are the typical fees for hiring a lawyer in Paranaque City, Philippines?
Legal fees can vary depending on the complexity of the case, the experience of the lawyer, and the type of legal services required. It is important to discuss fees upfront and ensure you have a clear understanding of the cost structure before proceeding.
3. How long does it take to resolve a legal matter in Paranaque City, Philippines?
The timeline for resolving a legal matter can vary depending on the complexity of the case, the court's schedule, and the parties involved. A lawyer can provide you with an estimated timeline based on the specifics of your case.
4. Can I represent myself in court in Paranaque City, Philippines?
While you have the right to represent yourself in court, it is highly recommended to seek legal representation to ensure your rights are protected and your best interests are served. A lawyer can provide you with the expertise and guidance needed to navigate the legal system effectively.
5. What should I look for when hiring a lawyer in Paranaque City, Philippines?
When hiring a lawyer, consider their experience, expertise in the relevant area of law, track record of success, communication style, and fee structure. It is important to choose a lawyer who you feel comfortable working with and who has your best interests at heart.
6. Can a lawyer help me with business matters in Paranaque City, Philippines?
Yes, lawyers in Paranaque City can provide legal assistance with a wide range of business matters, including business formation, contracts, intellectual property rights, regulatory compliance, and dispute resolution. They can help you navigate the legal complexities of running a business in the Philippines.
7. How can I verify if a lawyer is licensed to practice in Paranaque City, Philippines?
You can verify if a lawyer is licensed to practice in the Philippines by contacting the Integrated Bar of the Philippines (IBP) or checking their official website. It is important to work with a licensed lawyer to ensure you are receiving legal advice from a qualified professional.
8. What should I expect during the initial consultation with a lawyer in Paranaque City, Philippines?
During the initial consultation, you can expect to discuss your legal issue, ask questions, and receive an assessment of your case. The lawyer will provide you with information on their background, experience, and approach to handling your case. It is an opportunity for you to evaluate if the lawyer is the right fit for your needs.
9. Can a lawyer help me with immigration matters in Paranaque City, Philippines?
Yes, lawyers in Paranaque City can provide legal assistance with a wide range of immigration matters, including visa applications, residency status, citizenship, deportation defense, and other immigration-related issues. They can help you navigate the legal requirements and procedures involved in immigration matters.
10. How can I file a complaint against a lawyer in Paranaque City, Philippines?
If you have a complaint against a lawyer in Paranaque City, you can contact the Integrated Bar of the Philippines (IBP) or the Supreme Court of the Philippines to file a formal complaint. It is important to address any concerns you have about a lawyer's conduct or legal services to ensure accountability and protection for clients.
Additional Resources:
For additional resources and assistance with legal matters in Paranaque City, Philippines, you can contact the Integrated Bar of the Philippines (IBP), the Supreme Court of the Philippines, the Department of Justice, or local legal aid organizations. These resources can provide you with valuable information, support, and referrals to qualified lawyers in your area.
Next Steps:
If you require legal assistance in Paranaque City, Philippines, it is important to take action promptly and seek guidance from a qualified lawyer. Start by researching reputable law firms or individual lawyers, scheduling consultations, and discussing your legal needs and concerns. A lawyer can provide you with the expertise, support, and representation needed to navigate the legal system effectively and achieve a favorable outcome in 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.