Best Legal Document Lawyers in Pasig
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List of the best lawyers in Pasig, 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 Pasig, Philippines:
In Pasig, Philippines, like in many other areas worldwide, the law does enforce proper creation, storage, and authenticating legal documents. Legal documents may encompass contracts, affidavits, wills, patents, property titles, and many other types of legal forms. The validity of such documents is crucial as they are a collective agreement on legal rights and duties or proof of ownership or status. Incorrectly processed legal documents can lead to severe legal implications. Therefore, understanding their importance and how the law handles them is essential.
Why You May Need a Lawyer:
Legal professionals play a key role when it comes to dealing with legal documents. Whether it is about creating, reviewing, or disputing such documents, it's important to comprehend the language and the potential legal obligations that come with it. Common situations where one may need a lawyer include drafting a will, buying a property, starting a business, or even filing a simple affidavit. Lawyers will ensure that your rights are protected and that you are not caught in unforeseen legal situations.
Local Laws Overview:
In Pasig, the enactment and implementation of laws concerning legal documents are generally under the Philippines' national law. The Civil Code of the Philippines covers contracts, sales, and property, while rules about wills and succession are under the New Civil Code. Languages used in legal documents should be English, Filipino or any recognized local language, and should be notarized for authenticity. All agreements should be consensual, legal, possible, and should clearly specify terms to be enforceable.
Frequently Asked Questions:
1. Is the presence of a lawyer necessary for making all legal documents?
No. However, many legal documents are complex, and minor errors can have serious consequences. Lawyers can help you fully understand your obligations being defined by these documents.
2. When are notarized documents needed?
Documents for property transfer, wills, power of attorney, etc., often require to be notarized to be legally enforceable.
3. What if a legal document is signed under duress?
If proven, a document signed under duress can be deemed unenforceable in a court of law.
4. Can digital signatures be used in legal documents?
Yes, under the E-Commerce Act of 2000, digital signatures are recognized if they fulfil specified criteria.
5. What happens if a legal document is breached?
In case a legal document/contract is breached, the aggrieved party can take the matter to court seeking damages or enforcement of the contract terms.
Additional Resources:
For more detailed legal advice, the Pasig City Government website and the Integrated Bar of the Philippines (IBP) website offer numerous resources. You could also check resources from the Philippine Legal Forms and the National Library of the Philippines.
Next Steps:
If you require legal assistance related to any Legal Documents, you should consult a lawyer or a legal expert. Necessary legal advice and assistance can be found in the Pasig Law Center or referral from the Pasig City Hall Legal Office. Always ensure your lawyer specializes in the required field to get the best professional advice.
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.