Best Legal Document Lawyers in Binan
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List of the best lawyers in Binan, Philippines
Philippines Legal Document Legal Questions answered by Lawyers
Browse our 15 legal questions about Legal Document in Philippines and the lawyer answers, or ask your own questions for free.
- Correction of Surname on PSA
- Hi,Thank you for reaching out regarding your situation. Allow me to frame the matter clearly and provide a structured path forward.1. Legal ContextUnder Philippine law, the child born during a valid marriage is presumed legitimate (Family Code, Art. 164). This presumption is strong and attaches to the husband of the mother as the legal father, regardless of biological parentage, unless successfully rebutted in court. Consequently, the entry in your PSA birth certificate identifying your mother’s then-husband as your father is not a clerical error but a legal presumption.2. Limitations of Administrative RemediesRepublic Act No. 9048, as amended by R.A. 10172, allows administrative correction of clerical or typographical errors in civil registry entries. However, changes involving paternity and legitimacy fall outside its scope. The civil registrar cannot simply replace or delete the father’s name, nor substitute the surname, because this goes to filiation and civil status, which only the courts can determine.3. Proper Judicial RemedyThe proper course is to file a Petition for Correction of Entry / Cancellation of Father’s Name under Rule 108 of the Rules of Court. This petition will:Seek judicial declaration that the registered father is not your biological father;Present supporting evidence (e.g., DNA, sworn testimonies, public documents showing continuous use of biological father’s surname, etc.); andDirect the Local Civil Registrar and PSA to amend the record accordingly.Note: Since your biological father is already deceased, issues of inheritance and legitimacy may also arise, which makes judicial intervention unavoidable.
- Patent Land Title
- Hello:Presuming this is in the Philippine jurisdiction, the situation you described involves a tax declaration still in the name of the mother despite there being patent titles already issued to the children. However, the patent titles were not yet carried over or registered with the Registry of Deeds. One of the children already sold his or her titled portion, but since it was not recorded with the Registry of Deeds, there is no official record of the transfer.The better remedy would be as follows: a.) You must first secure certified true copies of the Original Certificates of Title or Patent Titles issued by the DENR/LMB or the agency that processed the free patent. These documents will serve as the basis to register with the Registry of Deeds. b.) File the proper registration of the patent titles with the Registry of Deeds where the property is located, even if belatedly, because under the Property Registration Decree (PD 1529), registration is the operative act that conveys or affects third persons. c.) For the sale made by the heir with a patent title, the buyer must also register the deed of sale to make the conveyance binding on third parties. If not yet notarized, you need to execute a proper Deed of Absolute Sale, have it notarized, and present it for registration at the Registry of Deeds. d.) Once the titles are properly registered, you should request the Municipal or City Assessor to transfer the tax declaration to the names of the registered owners, because a tax declaration alone does not prove ownership but should follow the title for assessment purposes.In short, the priority is to record the patent titles with the Registry of Deeds since they were issued as early as 2011. The delay in registration can be corrected by presenting the patents and other supporting documents. If there are complications or the Registry requires additional steps, such as an Affidavit of Non-Registration or confirmation from the DENR, these can be complied with accordingly.
- Can I buy a house from a seller with no deed
- I can share my professional opinion with you.You can contact me on WhatsApp: +38970704335Regards,
About Legal Document Law in Binan, Philippines:
Legal documents in Binan, Philippines encompass a broad range of documents that play a crucial role in various legal processes. These include contracts, affidavits, wills, legal notices, business agreements, court pleadings, and legal instruments related to real estate, family, and criminal law. The Philippines follows a mixed legal system of civil, common, Islamic, and customary law, thus making the legal documents in Binan more complex. Understanding their intent, language, and legal implications can be challenging for people who are not acquainted with the legal field.
Why You May Need a Lawyer:
Dealing with legal documents can be complicated due to their complex nature and legal jargon. Whether it's drafting an agreement, understanding a contract or legal notice, writing a will, or filing a plea in court, you may need professional assistance for better outcomes. Wrongful interpretation or negligent drafting can result in legal issues in the future. Lawyers can offer valuable advice, draft your legal document according to legal standards, prevent potential legal pitfalls, and advocate for your rights.
Local Laws Overview:
In the Philippines, certain aspects of legal document law are particularly vital. Understanding contract law, notary law, property law, and family law proves beneficial while dealing with legal documents. Transfers of properties, for instance, must comply with the Property Registration Decree and the Civil Code of the Philippines. Agreement contracts must be in line with the Philippine Obligations and Contracts Law, which dictates how a contract is created, executed, and dissolved. The Family Code provides guidelines for legally-binding documents related to marriage, adoption, fixed property, and parental authority.
Frequently Asked Questions:
What is the importance of notarisation of documents?
Notarisation publically attests the document and verifies the authenticity of the signing parties, proving its credibility in the court of law.
Can I write my own legal document?
While you can draft your own legal documents, it's advisable to have a lawyer review them to avoid legal problems caused by incorrect wording or missing legal elements.
Are online legal forms acceptable in Binan, Philippines?
Online legal forms can be used as a basic template, but you should consult with a local lawyer to ensure the document complies with the regional and national laws of the Philippines.
Can a document be legal without being notarised?
Some documents can be legally binding without notarisation, but having them notarised adds a layer of validation, especially for official and important transactions.
Who can notarise a document in Binan, Philippines?
In the Philippines, only notary public and certain public officials such as judicial officers, clerks of court, provincial governors and others are authorised to notarise a document.
Additional Resources:
Supreme Court of the Philippines and the Integrated Bar of the Philippines offer resources and referrals to individuals seeking legal advice. The Philippine Legal Research site is a useful compilation of various laws and regulations regarding different aspects of legal documents and procedures. There are also various online legal services available that can help you understand the requirements and regulations pertaining to legal documents.
Next Steps:
If you need legal assistance dealing with legal documents in Binan, start by identifying your needs. For basic consultation, consider using online resources or legal aid services. For complex legal procedures or high-stake documents, seek advice from a reputable lawyer with expertise in the relevant field. Don't hesitate to clarify any uncertainties you have about the documents, laws, or procedures.
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.