Best Lawyers in Santiago
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List of the best lawyers in Santiago, 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 Santiago, Philippines
Hiring a lawyer in Santiago, Philippines can be a crucial step in resolving legal issues. It is important to find a reputable and experienced lawyer who specializes in the area of law that matches your needs. You can start by researching law firms in Santiago and scheduling consultations to discuss your case.
Why You May Need a Lawyer
There are several situations in which you may need a lawyer in Santiago, Philippines. Some common reasons include divorce proceedings, property disputes, business transactions, criminal defense, estate planning, and immigration issues. A lawyer can provide legal advice, representation in court, and help you navigate the complex legal system.
Local Laws Overview
Santiago, Philippines follows the legal system based on the Philippine laws. The legal framework covers a wide range of areas such as civil law, criminal law, family law, labor law, and more. Lawyers in Santiago are well-versed in these laws and can provide guidance and representation to clients according to the specific legal requirements.
Frequently Asked Questions
1. How do I choose the right lawyer for my case?
It is important to consider the lawyer's experience, expertise in the relevant area of law, reputation, and communication style when choosing a lawyer in Santiago, Philippines.
2. What are the typical fees for hiring a lawyer in Santiago?
Lawyers in Santiago may charge hourly rates, flat fees, or contingency fees depending on the nature of the case. It is important to discuss fees upfront and get a clear understanding of the payment structure.
3. How do I know if my case requires legal representation?
If you are facing a legal issue that is complex, involves significant amounts of money, or has potential legal consequences, it is advisable to seek legal representation in Santiago, Philippines.
4. Can I represent myself in court without a lawyer?
While you have the right to represent yourself in court, it is recommended to hire a lawyer in Santiago, Philippines to ensure that your rights are protected and your case is presented effectively.
5. How long does it take to resolve a legal case in Santiago?
The duration of a legal case in Santiago, Philippines can vary depending on the complexity of the case, the court's schedule, and other factors. It is best to consult with a lawyer for an estimate of the timeline.
6. What documents should I bring to my initial consultation with a lawyer?
It is helpful to bring any relevant documents such as contracts, agreements, letters, court papers, or any other paperwork related to your case to your initial consultation with a lawyer in Santiago, Philippines.
7. How can I check if a lawyer is licensed to practice in Santiago?
You can verify a lawyer's license to practice in Santiago, Philippines by checking with the Integrated Bar of the Philippines (IBP) or the Supreme Court of the Philippines.
8. What can I expect during the legal process in Santiago?
During the legal process in Santiago, Philippines, you can expect your lawyer to guide you through each step, provide legal advice, negotiate on your behalf, and represent you in court if necessary.
9. Can I switch lawyers in the middle of my case?
It is possible to switch lawyers in the middle of your case in Santiago, Philippines if you are not satisfied with your current representation. However, it is important to communicate with your current lawyer and follow the proper procedures for changing representation.
10. How can I find pro bono legal assistance in Santiago?
If you are unable to afford legal representation, you can inquire with legal aid organizations, pro bono programs, or law firms that offer free or discounted services to clients in need in Santiago, Philippines.
Additional Resources
For additional resources and support in Santiago, Philippines, you can contact the Integrated Bar of the Philippines (IBP), the Supreme Court of the Philippines, the Public Attorney's Office (PAO), or local legal aid organizations for assistance with legal matters.
Next Steps
If you require legal assistance in Santiago, Philippines, start by researching reputable law firms, scheduling consultations with potential lawyers, discussing your case in detail, and choosing the right representation. A knowledgeable and experienced lawyer can help you navigate the legal system and achieve a successful outcome for 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.