Best Lawyers in San Juan
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List of the best lawyers in San Juan, 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 San Juan, Philippines
Hiring a lawyer in San Juan, Philippines, is a process that typically begins with identifying your legal needs. Whether you're dealing with a family matter, business dispute, or any other legal issue, it is crucial to find a lawyer who specializes in the relevant field. Lawyers can be sourced through law firms, bar associations, or personal recommendations. When seeking legal assistance, it is important to verify the lawyer’s credentials, including their membership with the Integrated Bar of the Philippines (IBP) and any specialized certifications they may have.
Why You May Need a Lawyer
Legal assistance may be necessary in a variety of situations in San Juan, Philippines. Common scenarios include family law matters such as divorce or child custody, disputes over property or real estate, criminal defense, and business-related issues like contract disputes or intellectual property concerns. Lawyers are also essential for navigating the legal complexities of starting or closing a business, estate planning, and handling cases of personal injury or accidents.
Local Laws Overview
Laws in San Juan, Philippines, are governed by a combination of national laws and local ordinances. Understanding local regulations, especially those relating to property dealings, taxation, business permits, and community conduct, can be crucial. It is also important to be aware of the local implementation of national laws related to civil and criminal matters. Lawyers in San Juan are often familiar with navigating these legal frameworks and can provide necessary guidance and representation.
Frequently Asked Questions
How do I find a reputable lawyer in San Juan?
To find a reputable lawyer in San Juan, you can search for law firms that have positive reviews and recommendations from past clients, check the IBP directory, or attend initial consultations to gauge their expertise.
What is the cost of hiring a lawyer?
The cost of hiring a lawyer in San Juan, Philippines, varies depending on the complexity of the case, the lawyer's experience, and the type of legal service required. Most lawyers charge hourly rates or offer flat fees for specific services.
Can I represent myself in legal proceedings?
While it is possible to represent yourself in legal proceedings, it is not recommended due to the complexity of legal systems and procedures. A lawyer can provide expertise and improve the chances of a favorable outcome.
How do I verify a lawyer's credentials?
You can verify a lawyer's credentials by checking their membership with the Integrated Bar of the Philippines and any specialization certificates they hold. It is also helpful to research their professional experience and reputation.
What should I bring to my first meeting with a lawyer?
Bring any relevant documents related to your case, such as contracts, court notices, or personal identification. Being well-prepared can help the lawyer understand your situation better and provide more accurate advice.
How long does it take to resolve a legal case?
The duration of a legal case in San Juan can vary widely depending on the complexity of the matter, the efficiency of the court system, and the willingness of parties to cooperate. Simple cases may resolve quickly, while complex ones could take months or years.
Are there legal aid services available?
Yes, there are legal aid services available in the Philippines, often provided by non-profit organizations or government bodies such as the Public Attorney's Office for those who qualify for assistance.
What is the Integrated Bar of the Philippines?
The Integrated Bar of the Philippines (IBP) is the national organization of lawyers in the Philippines. It regulates the legal profession and provides resources and support to its members.
Can a lawyer help with out-of-court settlements?
Yes, lawyers often assist in negotiating out-of-court settlements, which can be a quicker and less expensive alternative to litigation.
What should I do if I’m not satisfied with my lawyer's service?
If you are not satisfied with your lawyer's service, you can discuss your concerns directly with them. If the issue persists, consider seeking a second opinion or lodging a complaint with the IBP.
Additional Resources
For more information or assistance, you can reach out to the following resources:
- Integrated Bar of the Philippines
- Local legal aid clinics and non-profit organizations offering legal services
- San Juan City Hall's legal department for local ordinance enquiries
- The Public Attorney's Office for those needing government-provided legal aid
Next Steps
After identifying your legal needs, create a list of potential lawyers or law firms specialized in your area of concern. Schedule initial consultations to discuss your case and evaluate the lawyer's understanding and compatibility with your needs. Ensure to inquire about their fee structures and approach to handling cases similar to yours. Once you have decided, formally engage their services and cooperate fully to achieve the best possible outcome.
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.