Best Legal Document Lawyers in Davao City
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List of the best lawyers in Davao City, 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.We at Recososa Law Firm can assist you in preparing the necessary deeds, affidavits, and registration with the Registry of Deeds and Assessor’s Office to ensure that your rights are properly recorded. We have offices in Luzon, Visayas and Mindanao. We can schedule an initial consultation via google meet or zoom call, or you may also opt for a physical consultation at our office. You may send us an email at recososalawfirm@gmail.com and indicate that you are a client from LawZana. Alternatively, you can also call or text us at +639175046510.If this answers your concern, I hope it is not too much to ask to like and share our Facebook page and Google page below. This will surely inspire us to do more of this here: Google Page:https://g.page/r/CW7ozgJGLkAMEAI/reviewFacebook Page:https://www.facebook.com/RecososaLawFirmSincerely,ATTY. JOFRE B. RECOSOSAOwner/Managing PartnerRecososa Law FirmE-mail: recososalawfirm@gmail.comMobile/Viber/WhatsApp: +63-917-504-6510
- 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 Davao City, Philippines
Legal Document refers to any written instrument that plays a vital role in legal matters. In Davao City, Philippines, the law governing legal documents is primarily based on the Civil Code of the Philippines, which outlines the rules and procedures related to various legal documents.
Why You May Need a Lawyer
There are several situations where seeking the assistance of a lawyer specializing in Legal Document in Davao City can be beneficial. Some common scenarios include:
1. Drafting or reviewing contracts and agreements: Lawyers can help ensure that the legal documents you create or sign are well-drafted and protect your rights and interests.
2. Real estate transactions: When buying or selling property, a lawyer can guide you through the process, review the necessary documents, and ensure a smooth transfer of ownership.
3. Business registrations: If you are starting a business in Davao City, a lawyer can help you with the required legal documents, permits, and registrations.
4. Managing estates and wills: Legal Document lawyers can assist in creating and managing wills, trusts, and other estate planning documents, ensuring your assets are distributed according to your wishes.
5. Resolving disputes: In case of legal conflicts or disputes, a lawyer can represent your interests and help navigate the legal system.
Local Laws Overview
Key aspects of local laws related to Legal Document in Davao City, Philippines include:
- Civil Code of the Philippines: This code governs various legal documents, such as contracts, donations, wills, and obligations.
- Notarial Law: The law outlines the rules and procedures for making documents public through notarization, ensuring their legality and authenticity.
- Land Registration Act: This act deals with the registration of land and real estate transactions, protecting the rights and interests of property owners.
Frequently Asked Questions
1. What is the process for notarizing a legal document in Davao City?
In Davao City, to notarize a legal document, you need to present it to a notary public, who will review and verify its contents. After ensuring its accuracy, the notary public will affix their seal and signature, making the document legally binding.
2. Are handwritten agreements considered legally valid in Davao City?
Handwritten agreements, also known as "private documents," are generally considered legally valid in Davao City. However, it is advisable to consult with a lawyer to ensure the validity and enforceability of such agreements.
3. How long does it take to register a property in Davao City?
The time required to register a property in Davao City can vary depending on several factors, such as the completeness of the documents and the workload of the relevant government office. However, it usually takes several weeks or months to complete the registration process.
4. What is the importance of notarizing a document?
Notarizing a document adds a layer of authentication and credibility to it. It provides proof that the document was signed voluntarily, the signatories are correctly identified, and all necessary legal formalities have been observed.
5. Is it possible to contest a will in Davao City?
Yes, it is possible to contest a will in Davao City under certain circumstances. If you believe that the will is invalid due to fraud, undue influence, lack of testamentary capacity, or any other legal grounds, you can seek legal assistance to contest it through the appropriate court.
Additional Resources
For individuals seeking legal advice and assistance regarding Legal Document in Davao City, the following resources may be helpful:
- Integrated Bar of the Philippines (IBP) Davao City Chapter: The local chapter of this organization can provide a list of lawyers specializing in Legal Document.
- Department of Justice - Davao City: Their website contains valuable information and resources related to legal matters in Davao City.
- Regional Trial Court - Davao City: The court's website provides access to legal resources, forms, and contact information for seeking legal assistance.
Next Steps
If you require legal assistance or advice regarding Legal Document in Davao City, Philippines, it is recommended to take the following steps:
1. Identify your specific legal needs and the type of legal document you require assistance with.
2. Compile all relevant documentation and information related to your case or query.
3. Research and shortlist lawyers or legal firms specializing in Legal Document in Davao City based on their experience and expertise.
4. Schedule a consultation with a lawyer to discuss your legal concerns and explore possible solutions.
5. During the consultation, ask any questions you may have to clarify your understanding of the legal process and potential outcomes.
6. Based on the consultation, assess the lawyer's suitability and expertise for your specific case.
7. If you decide to proceed, engage the services of the chosen lawyer and follow their guidance throughout the legal process.
Remember, this guide provides general information and it is always advisable to consult with a lawyer for personalized advice based on your specific situation.
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.