Best Lawyers in Quezon City
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List of the best lawyers in Quezon 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 Quezon City, Philippines
Hiring a lawyer in Quezon City, Philippines can be a straightforward process if you know where to begin. The first step is to identify the type of legal assistance you need, such as criminal defense, civil litigation, family law, or corporate needs. Once you've determined your area of need, you can begin searching for lawyers or law firms that specialize in that field. It's critical to verify the credentials and reputation of any lawyer you are considering by consulting the Integrated Bar of the Philippines or checking reviews and testimonials. Initial consultations are often a good way to assess a lawyer's ability to handle your case.
Why You May Need a Lawyer
There are many situations where you may require legal help in Quezon City, Philippines. These can include, but are not limited to, dealing with criminal charges, pursuing or responding to civil lawsuits, matters concerning family law like custody or divorce, immigration issues, and business matters including contracts and disputes. A lawyer can also assist with drafting wills, real estate transactions, and labor law issues. Seeking legal advice early can prevent complications and safeguard your rights.
Local Laws Overview
Quezon City, being part of the Philippines, follows national laws but also has local ordinances. The judicial system is largely based on Spanish and American influences, featuring both civil and common law elements. Local laws in Quezon City may touch on zoning and land use, local business regulations, traffic rules, and community health and safety. Those seeking legal advice should be aware that while national laws govern broader legal disciplines, local regulations can significantly affect business and daily life in the city.
Frequently Asked Questions
How do I find a reputable lawyer in Quezon City?
You can start by asking for recommendations from friends or family, checking online law directories, and consulting the Integrated Bar of the Philippines for registered practitioners.
What is the cost of hiring a lawyer in Quezon City?
The cost can vary widely depending on the complexity of your case and the lawyer's experience. Initial consultations may be free, but it's important to discuss fees upfront.
Do lawyers in Quezon City handle international cases?
Some lawyers or law firms specialize in international law and may handle cases that involve foreign jurisdictions.
What should I bring to my first meeting with a lawyer?
Bring any documents related to your case, a list of questions, and any notes that summarize your situation to make the consultation more productive.
Can I switch lawyers if I'm not satisfied?
Yes, you have the right to change your legal representation if you are not satisfied, but be sure to review the terms of any existing service agreements.
How long will it take to resolve my legal issue?
The timeline can vary greatly depending on the nature and complexity of your case. Your lawyer can provide you with an estimate after reviewing your case details.
Are there alternatives to going to court?
Yes, alternative dispute resolution methods like mediation and arbitration are available and can be faster and less adversarial than court proceedings.
What is the role of the Integrated Bar of the Philippines?
The Integrated Bar of the Philippines is the official organization of Filipino lawyers and oversees the practice of law in the country including rendering legal aid.
How do I know my lawyer is licensed?
You can verify a lawyer's status by contacting the Integrated Bar of the Philippines or checking their online directory.
Can legal advice be obtained online?
While many lawyers offer online consultations, it's crucial to ensure the lawyer is licensed and reputable to avoid misinformation or scams.
Additional Resources
For those in need of legal advice in Quezon City, the following resources may be helpful: the Integrated Bar of the Philippines for legal representation and advice, Quezon City Hall for local ordinances, and community legal aid clinics for free or low-cost legal assistance. Additionally, the Department of Justice and various non-governmental organizations can provide guidance on specific issues like consumer protection and human rights.
Next Steps
If you need legal assistance in Quezon City, begin by clearly defining your legal issue and researching to find qualified lawyers who specialize in that area. Set up consultations to discuss your case and understand the lawyer's approach and fees. Once you select a lawyer, ensure you clearly understand the service agreement, timeline, and payment terms to establish a productive attorney-client relationship. Remember, taking the time to find the right lawyer can be pivotal in resolving your legal issues effectively.
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.