Best Legal Document Lawyers in Manila
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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 Manila, Philippines:
The field of Legal Document Law in Manila, Philippines is a broad discipline that encompasses the creation, examination, and understanding of written agreements, contracts, wills, deeds and other legal records. These documents, often drafted by lawyers or legal experts, play a vital role in business transactions, estate planning, transfers of properties, creation of trusts, and more.
Why You May Need a Lawyer:
Lawyers are essential in the effective drafting and interpretation of legal documents. They ensure your contracts and agreements are legally enforceable and accurately represent your intentions. Situations where you may need a lawyer include drafting wills, setting up a business, buying or selling properties, entering into contracts or agreements, and dealing with complex legal issues. Without a lawyer, you may unintentionally violate a law or leave yourself vulnerable to legal disputes.
Local Laws Overview:
In Manila, legal documents are governed by Philippine's Civil Code, Code of Commerce, Labor Code, and numerous other legislations relevant to the specific nature of the document. These laws preside over matters like adherence to contractual obligations, implementation of a just and humane work environment, and rights of an individual to his/her property or estate. Ensuring the legality and enforceability of any document requires extensive understanding of these laws. It also necessitates understanding how they interact with each other and with international laws if overseas parties are involved.
Frequently Asked Questions:
1. Can I draft my own legal documents?
While it's possible to draft your own legal documents, it's recommended to involve a legal professional due to the complexities of the law and the potential consequences of making mistakes.
2. Are all written agreements legally enforceable?
Not all written agreements are legally enforceable. For an agreement or contract to be legally enforceable, it needs to meet certain criteria, including a lawful object, mutual consent, and an element of exchange (consideration).
3. Does a legal document always need to be notarized?
No, not all legal documents need to be notarized. However, notarizing a document can help confirm its legality and authenticity should it be questioned in court.
4. Can I challenge a legal document in court?
Yes, you can challenge a legal document in court. If you believe a legal document has been drafted unfairly, or contains false information, you may contest it in court.
5. What kind of legal documents need to be stamped?
Legal documents like deeds, power of attorney, agreements, etc. require stamp duty. Stamps can be bought from authorized banks or through e-stamping.
Additional Resources:
For more information or services related to Legal Document laws in the Philippines, consider reaching out to the Integrated Bar of the Philippines (IBP), the official organization of all Philippine lawyers. The Department of Justice (DOJ) also provides useful information and resources on its official website.
Next Steps:
If you need legal assistance, it's recommended to seek counsel from a licensed attorney specializing in the type of legal document you're dealing with. You can research online, consult the IBP's directory, or ask for recommendations. Before finalizing any legal document, make sure it is thoroughly reviewed by a legal expert to ensure its legality and effectiveness.
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.