Best Lawyers in 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.
- 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.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
- 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 the Philippines
In the Philippines, hiring a lawyer is not a difficult task. Many individuals and businesses hire lawyers for various legal issues. A person can contact a legal firm directly or get a personal reference from someone they trust. It is important to check with the Integrated Bar of the Philippines to confirm the credibility of the lawyer. The cost of hiring a lawyer varies greatly, depending on the complexities of the case, the fame or reputation of the lawyer, and the geographical location within the Philippines.
Why You May Need a Lawyer
In the Philippines, there are numerous situations where people may need legal help. This includes family issues such as divorce, child custody disputes, alimony and others; criminal charges; contractual disputes; property disputes; personal injury claims; immigrations concerns, and more. Furthermore, businesses also require legal help for issues such as drafting or reviewing contracts, settling business disputes, entity formation, and compliance with regulations.
Local Laws Overview
The Philippines operates under a mixed legal system of civil, common, Islamic, and customary law. The courts in the Philippines are organized hierarchically with the Supreme Court as the highest judicial body. Criminal cases are prosecuted under the Revised Penal Code, while civil disputes are settled under the Civil Code. Specific laws also govern special subjects like family relations, commercial transactions, corporate law and others. Lawyers in the Philippines need to have a deep understanding and familiarity with these laws to best represent and advise their clients.
Frequently Asked Questions
1. How can I verify if a lawyer is licensed in the Philippines?
You can verify a lawyer's license through the Integrated Bar of the Philippines, which maintains a list of all duly licensed and practicing lawyers in the country.
2. What kind of fees do lawyers typically charge?
Lawyers in the Philippines can charge different fees based on the nature and complexity of the case. They can charge a fixed fee, an hourly rate, or a contingency fee (percentage of the winnings). Always discuss the fee structure upfront.
3. Is it possible to get free legal advice?
Yes, several organizations offer free legal advice, including the Public Attorney's Office.
4. Can foreigners hire Filipino lawyers?
Yes, foreigners can hire Filipino lawyers for their local legal matters.
5. How long does a civil case take in the Philippines?
The duration of a civil case varies greatly and may take from several months to several years depending on its complexity.
6. How can I file a complaint against a lawyer?
The complaint may be filed directly with the Office of the Bar Confidant or Supreme Court.
7. Is a lawyer needed for buying property in the Philippines?
Not necessarily, but it is highly advisable due to the various regulations and potential disputes that can arise.
8. How private is my communication with my attorney?
All communication between a client and their attorney is legally considered privileged and confidential in the Philippines.
9. Can the same lawyer represent both parties in a dispute?
It is ethically disapproved for a lawyer to represent opposing parties in the same dispute.
10. What rights do I have if arrested?
If arrested, you have the right to remain silent, be informed of your rights, have access to a lawyer, and be treated humanely.
Additional Resources
The Integrated Bar of the Philippines, the Supreme Court, the Department of Justice, and the Public Attorney's Office can be very helpful for those seeking legal advice. Several online websites and platforms provide free legal advice and up-to-date legal news.
Next Steps
If you need legal assistance in the Philippines, first identify the nature of your legal issue, then search and contact a local law firm or lawyer who has expertise in that area. It's beneficial to arrange a meeting to discuss your case, their fees, and making sure you are comfortable with them. Always remember to inquire about their credentials to make sure they are qualified and authorized to practice 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.