Best Legal Document Lawyers in Makati City
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List of the best lawyers in Makati 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 Makati City, Philippines
The legal document law in Makati City, Philippines is based on the regulations set out in the national Civil Code of the Philippines. Legal documents, also known as legal instruments, can encompass an array of official documents like contracts, warranties, wills, titles, bonds, licenses, and certificates. Any error or discrepancy in these crucial documents can lead to serious legal problems, hence enlisting professional help is often required to ensure legitimacy and legal sufficiency.
Why You May Need a Lawyer
Expert understanding and proper execution of legal documents are essential to prevent potential disputes or legal issues down the line. You might need a lawyer to help with the preparation of these documents, verifying their authenticity, and ensuring they adhere to local and national laws. For instance, when initiating a business, property transfer, matrimonial agreements or resolving contractual disputes. A lawyer can also provide much needed legal advice on understanding the implications of these documents.
Local Laws Overview
Makati City operates under the legal framework of the Republic of the Philippines. The notary public in the Philippines play an important role in the legal document system. They authenticate or legalize the various types of documents, providing a government guarantee for the legitimacy of the document. Well-versed with local laws such as the Family Code, Property laws, Corporation Code and other specific legal requirements, local lawyers can deftly guide you in handling your legal documents.
Frequently Asked Questions
What is the role of a notary public in legal documents in the Philippines?
A notary public is critical to authenticate and notarize legal documents. They serve to prevent fraud, confirming all parties signing the document are doing so willingly and under their own power.
Are electronic signatures valid in Makati City?
Yes, the Electronic Commerce Act of 2000 recognizes the legal effect, validity, and enforceability of electronic signatures. However, it would be wise to consult with a lawyer before implementing them.
Can a regular person write their own legal documents?
While it is possible to write your own legal documents, it's generally not advisable. Legal language is complex and any mistake in the document can bring about negative ramifications.
Is it obligatory to have legal documents translated into the local language?
Yes, in courts of law, or for most legal procedures, official documents need to be translated into Filipino (Tagalog) or English, which are the official languages of the Philippine judicial system.
What can happen if my legal documents are found invalid?
If legal documents are found to be inaccurate or fraudulent, it can lead to legal disputes, void agreements and may even involve penalties.
Additional Resources
- 'The Laws of the First Philippine Republic' (the Malolos Constitution) - Republic of the Philippines-Department of Justice- Official Gazette of the Republic of the Philippines
Next Steps
If you need legal assistance with legal documents in Makati City, start by consulting with a qualified local lawyer who specializes in the type of document you require. They will guide you through the requirements of local law, help avoid any potential pitfalls, and ensure all your documents are legally sound.
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.