Best Lawyers in Tagbilaran
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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 Tagbilaran, Philippines:
Hiring a lawyer in Tagbilaran, Philippines is a crucial step when dealing with legal matters. It is important to find a lawyer who is knowledgeable about local laws and practices, as well as someone who you feel comfortable working with. To hire a lawyer, you can start by researching law firms in Tagbilaran, asking for recommendations from friends or family, or seeking referral from the Integrated Bar of the Philippines (IBP) chapter in Bohol.
Why You May Need a Lawyer:
There are various situations where you may need a lawyer in Tagbilaran, Philippines, such as drafting legal documents, settling disputes, representing you in court, or providing legal advice on business matters. Whether you are facing a criminal charge, going through a divorce, or starting a business, a lawyer can help navigate the complex legal system and protect your rights.
Local Laws Overview:
Local laws in Tagbilaran, Philippines are primarily based on Philippine laws, which are influenced by Spanish and American legal systems. Some key aspects of local laws that are particularly relevant to lawyers in Tagbilaran include civil law, criminal law, family law, and labor law. Understanding these laws is essential for lawyers to provide effective legal representation to their clients.
Frequently Asked Questions:
1. How do I choose the right law firm in Tagbilaran, Philippines?
When choosing a law firm in Tagbilaran, consider their expertise, experience, reputation, and communication style. It is important to schedule a consultation with the lawyer to discuss your case and see if you are comfortable working with them.
2. What are the fees for hiring a lawyer in Tagbilaran, Philippines?
The fees for hiring a lawyer in Tagbilaran may vary depending on the complexity of the case, the lawyer's experience, and the type of legal services required. It is advisable to discuss the fees and payment terms with the lawyer before signing any agreement.
3. How long does it take to resolve a legal matter in Tagbilaran, Philippines?
The time to resolve a legal matter in Tagbilaran varies depending on the nature of the case, the court's schedule, and other factors. It is best to consult with a lawyer to get an estimate of the timeline for your specific situation.
4. Can I represent myself in court in Tagbilaran, Philippines?
While you have the right to represent yourself in court in Tagbilaran, it is highly recommended to hire a lawyer to ensure that your rights are protected and to navigate the legal system efficiently.
5. Are there pro bono legal services available in Tagbilaran, Philippines?
There are some law firms and organizations in Tagbilaran that provide pro bono legal services to individuals who cannot afford a lawyer. You can inquire with the IBP chapter in Bohol for more information on pro bono services.
6. What is the role of a lawyer in a real estate transaction in Tagbilaran, Philippines?
A lawyer in a real estate transaction in Tagbilaran can assist with drafting and reviewing contracts, conducting title searches, ensuring compliance with laws and regulations, and representing you in negotiations with other parties.
7. How do I file a complaint against a lawyer in Tagbilaran, Philippines?
If you have a complaint against a lawyer in Tagbilaran, you can file a complaint with the IBP chapter in Bohol. They will investigate the matter and take appropriate action if necessary.
8. Can a foreigner hire a lawyer in Tagbilaran, Philippines?
Yes, a foreigner can hire a lawyer in Tagbilaran, Philippines to provide legal assistance and representation in various legal matters. It is important to work with a lawyer who is familiar with local laws and practices.
9. What is the process for drafting a will in Tagbilaran, Philippines?
To draft a will in Tagbilaran, you can consult with a lawyer who specializes in estate planning. The lawyer will help you prepare a legally valid will that reflects your wishes and ensures that your assets are distributed according to your instructions.
10. How can I get legal advice on starting a business in Tagbilaran, Philippines?
If you need legal advice on starting a business in Tagbilaran, you can consult with a lawyer who specializes in business law. The lawyer can help you with business registration, contracts, licenses, and other legal requirements for starting a business in Tagbilaran.
Additional Resources:
For additional resources on legal assistance in Tagbilaran, Philippines, you can contact the Integrated Bar of the Philippines (IBP) chapter in Bohol, the Department of Justice, or local legal aid organizations. These resources can provide you with information on finding a lawyer, pro bono services, and legal assistance programs.
Next Steps:
If you need legal assistance in Tagbilaran, Philippines, consider reaching out to a reputable law firm, scheduling a consultation with a lawyer, and discussing your legal needs and concerns. A lawyer can help guide you through the legal process, protect your rights, and provide valuable advice and representation in your legal matters.
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.