CEBU LAWYER - PHILIPPINE REAL ESTATE LAWS | CASES

Jan Edmond Ruz
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www.cebuattorney.com Hi! I am Jan Edmond Yncierto-Ruz, your host in this co-learning channel. Welcome to a platform dedicated to providing free information and insights on real estate law and inheritance law in the Philippines for both lawyers and non-lawyers. It is crucial to stay informed about property laws and rights, especially regarding real estate, estate and succession, last wills, inheritance, absolute sale, donation inter vivos, agricultural tenancy (saop), land surveying, and other related topics. This channel assists anyone interested in collaborating with their lawyers on cases or transactions involving real estate. We share contributions from co-learners who share links from GOV.PH websites involving Supreme Court decisions, laws, rules, regulations, IRRs, circulars, and memorandums related to real estate and inheritance law. For our lawyer co-learners, please share updates. For non-lawyers, this channel will guide you in finding the right lawyer for your situation. The Supreme Court website has a "Lawyers List" to help identify suitable legal assistance. As a lawyer (attorney-at-law), notary public, geodetic engineer, land surveyor, and real estate broker, I believe in the power of shared knowledge and collaboration. I focus my sharing on these topics that interest me: Probate and Estate Matters: Insights into the probate process, including working with your lawyer on a last will and testament, estate proceedings, and extrajudicial settlements.Declaration of Heirship: Guidance on establishing a declaration of heirship and its implications for asset distribution.Shares of Inheritance: How to determine the shares of inheritance among heirs.Real Estate Lawyer Services: Clarifying the role of your own real estate attorneys in navigating your own legal challenges.Property and Land Title Issues: Understanding legalities surrounding property disputes and considerations when seeking your land title lawyer.Real Estate Contracts: Essential elements in contracts and avoiding common pitfalls by collaborating with your lawyer.Eviction Processes: Understanding tenant rights and how lawyers assist in eviction cases like unlawful detainer and forcible entry.Agrarian Reform: Discussing agrarian reform laws, agricultural tenants, and their impact on land ownership.Land Surveying: The importance of land surveys in defining property boundaries and ensuring clear titles. This channel is for those planning to visit their lawyers for legal advice involving real estate litigation, real estate transactions like absolute sales or lease agreements, and property development.  With co-learning, we share the knowledge needed to engage with your legal counsel effectively. This platform encourages open dialogue about real estate law and related inheritance matters. I invite both lawyers and non-lawyers to share updates. Together, we can explore property laws and estate management, making information accessible. Thank you for being part of this co-learning group! Please contribute by sharing links from GOV.PH websites that contain information on the latest updates involving real estate litigation and transactions. JAN EDMOND Y. RUZLawyer, Geodetic Engineer, Real Estate Brokerwww.CebuAttorney.comEmail: janruzlaw@gmail.comViber/WhatsApp: 0917.678.4457 / +63.917.678.4457

  1. NOV 29

    23E S4 Judicial Land Registration Case (Land Title Case)

    Land registration process Occupancy and property rights Zoning and land classification Right of way negotiation Trespassing and legal enforcement Criminal defense and litigation Fencing and property boundary Real estate financing and loan Mortgage application and approval Expropriation and land acquisition Public access and land use Dispute resolution for property issues Legal surveying and land mapping Siargao property transaction Cebu land management Guimaras real estate transaction Oslob property rights Boljoon real estate development Moalboal land conversion Agricultural to industrial conversion Residential zoning and planning Eviction and unlawful detainer Land record correction Property tax law Boundary resolution and mediation Document correction and amendment Guardianship and custody case Marital dispute and divorce Digital defamation and reputation Real estate deed cancellation Property registration and titling Tenant eviction and property rights Zoning regulation and land use Tenant eviction and rental law Court representation for property law Real estate negotiation and settlement Lease drafting and negotiation Public access rights and land law Property conflict resolution Land survey and legal mapping Executor of estate Probate and wills Easement rights Land title dispute Tax regulation and declaration alterations in holographic wills validity of foreign wills effects of revocation on testamentary acts effects of codicils on wills legal implications of joint wills disqualification criteria for witnesses legal impact of witness testimony legacy voidance for interested witnesses codicil as will modification legal protection of testator's intentions impact of mental incapacity on wills force or duress in will execution fraudulent procurement of signatures mistake or lack of intent in wills legal effects of will disallowance appeal rights in will allowance will execution in different jurisdictions legal recognition of international wills incorporation of documents by reference procedures for will revocation legal standards for testamentary documents protection against undue influence in wills procedures for foreign will probate laws governing will revocation security of testamentary intentions impact of fraudulent acts on wills legal framework for testamentary capacity procedures for contesting wills legal consequences of will errors

    9 min

  2. NOV 29

    22E S4 Judicial Land Registration Case (Land Title Case)

    Fruits, Rents, or Interests Common Property Exclusive Property Hidden Treasure Conjugal Partnership of Gains Things Acquired by Occupation Fishing and Hunting Amount or Credit Payable Capital of the Husband or Wife Annuity and Usufruct Separate Property Moalboal legal Property conversion Ejectment proceedings Lease termination Squatter removal Land titling process Occupancy and building permit Property planning and mapping Breach of contract and peaceful remedies Small claims are legal remedies Legal affidavit drafting Legal possession and ownership Marital annulment Divorce and custody Defamation and libel Land title cancellation Contract nullification Cadastral and land survey Writ and execution Land classification Right of way and access Police assistance for trespass Criminal defense is a tool to protect the innocent Criminal defense is a tool to protect the guilty from tampered evidence Boundary and fencing dispute Real estate loan Loan and mortgage guarantee Land expropriation Road and property development Adverse possession claim Foreign decree Petition for the judicial recognition of a foreign decree Petition for the judicial recognition of a foreign decision Petition for the judicial recognition of a foreign ruling legal implications of will attestation requirements for witness signatures interpretation of testamentary documents impact of legal incapacity on wills procedures for holographic will contests formalities for notarial wills legal consequences of joint will prohibition standards for revoking testamentary acts legal remedies for will disputes procedures for validating foreign wills impact of undue influence on testamentary acts legal standards for testamentary intent legal protection against forced wills requirements for testamentary disposition procedures for correcting will defects Holographic will Notarial will Notarization of a will Private document A will is a private document institution of heir in wills designation of heirs in testamentary acts validity of wills without heir institution

    5 min

  3. NOV 29

    21E S4 Judicial Land Registration Case (Land Title Case)

    Right of Redemption Exchange with Other Property Purchased with Exclusive Money Promissory notes and checks Warranty Against Eviction Fraud and Frivolous suits Property Donated or Left by Will Paraphernal Property Designation of Determinate Shares Share and Share Alike Onerous Donations Paraphernal Property Charges Hidden Treasure Conjugal Partnership of Gains Things Acquired by Occupation Fishing and Hunting Amount or Credit Payable Annuity and Usufruct Separate Property Fruits, Pensions, and Interests Property of Children Improvements for Utility or Adornment Advancements from the Partnership Buildings Constructed During Marriage Marriage Settlements Absolute or Relative Community of Property Complete Separation of Property Relative Community Conjugal Partnership of Gains Minor and Marriage Settlements Consent to Marriage Settlements Family Council Modification Before Celebration of Marriage Participation of the Guardian Citizen of the Philippines and Foreigner Property Relations Rules Immovable Property Void Stipulations if Marriage Does Not Take Place Donations by Reason of Marriage Made Before Celebration In Favor of Future Spouses Rules on Ordinary Donations Statute of Frauds Minors and Ante-Nuptial Contract Fruits of Separate Property Income from Work or Industry Divide Equally Dissolution of Marriage or Partnership Net Gains or Benefits Owned in Common Live Together as Husband and Wife Void Marriage Waiver of Gains Judicial Separation Public Instrument for Waiver Creditor Rights Contract of Partnership Rules Exclusive Property of Each Spouse Brought to the Marriage Acquired by Lucrative Title Right of Redemption Exchange with Other Property children's rights in disinheritance cases causes for disinheriting parents or ascendants causes for disinheriting a spouse effects of reconciliation on disinheritance inheritance rights of disinherited person's descendants legal implications of disinheritance legal protection of legitime impact of donations on compulsory heirs impact of legal separation on legitime allocation of hereditary estate portions legitime claims against estate disinheritance in testamentary dispositions obligations of heirs to respect legitime legal standards for disinheritance inheritance rights of surviving spouse effect of disinheritance on estate distribution

    14 min

  4. NOV 29

    20E S4 Judicial Land Registration Case (Land Title Case)

    C.L.O.A. or CLOA and agrarian land titles D.A.R. or DAR titles D.A.R. or DAR certificate of titles D.A.R. or DAR original certificate of titles DAR and DENR administrative roles land survey types and procedures real estate broker responsibilities property trespassing and legal consequences boundary marker removal issues title transfer and ownership processes capital gains and documentary stamp taxes BIR CAR or B.I.R. C.A.R. for property registration role of geodetic engineering in land management land conversion and zoning regulations Are there real estate lawyers abroad? court clearance for property transactions are best procured before buying Procurement of certified true copies of TCT and OCT land titles technical descriptions in land surveys and how it is used in land transactions apostille requirements and trends how are apostille helpful in real estate transactions ensuring compliance with legitime requirements effects of disinheritance on familial relationships interpretation of disinheritance provisions legal consequences for violating legitime rights inheritance rights for children of disinherited persons protection against excessive testamentary gifts addressing disinheritance in estate management procedures for ensuring fair legitime distribution legal procedures for reclaiming legitime impact of testamentary errors on legitime rights of heirs in legitime disputes inheritance distribution among compulsory heirs legal framework for addressing disinheritance protection of legitime against testamentary breaches disinheritance and its effects on family inheritance rights of heirs to contest unfair disinheritance legal implications of disinheritance for estate planning ensuring compliance with legitime requirements effects of disinheritance on familial relationships interpretation of disinheritance provisions legal consequences for violating legitime rights how is estate tax computed impact of reconciliation on disinherited heirs legal strategies for handling disinheritance disputes legacies and devises in wills bequeathing things within commerce charges on legatees and devisees liability for legacies and devises

    4 min

  5. NOV 29

    19E S4 Judicial Land Registration Case (Land Title Case)

    Birth and death record correction Legal separation and divorce abroad, how are they different? Child custody and support are best resolved by love and care Cyber defamation defense requires a lot of research work Deed of sale cancellation maybe done through a compromise agreement outside of court Land registration may be done outside the court and its referred to as administrative titling Property owners and occupation rights as basis Land zoning and classification are best researched before buying land Real estate access and your rights in easement law Trespass and eviction are legal matters best resolved out of court Elements to consider in a criminal case defense for Trespassing  Property boundary and encroachment of boundaries Real estate mortgage and property as a collateral for a loan Mortgage and loan processing Guimaras land and title issues involving Guimaras land would be nice to know Oslob real estate prices and valuations Boljoon land transactions Moalboal property rights and the effects of pending cadastral proceedings Industrial property conversion from agricultural classification Residential property and famous township development Unlawful detainer and eviction proceedings Lease negotiation and enforcement per stirpes division of estate inheritance by representation renunciation and representation rights order of intestate succession priority of descending direct line rights of legitimate children in succession proximity of relationship in succession direct and collateral lineage degrees of relationship full blood and half blood distinctions accretion in intestate succession inheritance rejection by nearest relative right of representation in succession succession by legal fiction representation in direct descending line Land ownership and certificates of title, do’s and dont’s that would be nice to know Tenant rights and eviction of tenants, the process, and the grounds Legal processes and their filing in court and getting court representation properly  Real estate transactions and avoiding land disputes  Lease contract and rental agreement Public and private land use Real estate dispute and out of court resolution ideas Legal proceedings and the use of mapping and surveying in the proceedings Real estate contracts and sale transactions must be aimed to a peaceful ending

    4 min

  6. NOV 29

    18E S4 Judicial Land Registration Case (Land Title Case)

    All property of the conjugal partnership of gains owned in common by the husband and wife When a man and a woman live together as husband and wife When a man and a woman live together as husband and wife, but they are not married When a man and a woman live together as husband and wife, but their marriage is void from the beginning The property acquired by either or both of them Property acquired by either or both of them through their work or industry or their wages and salaries Rules on co-ownership  Rights of co-owners Tax declaration issuance and revision General revision and tax declaration Legal map preparation Checks and bouncing checks cases are common Contracts and its breach are best resolved out of court out of court resolution in breach of contract must be an option out of court rescission is always an option unless prohibited by law mutual restitution and rescission are options to arrive in amicable settlement legal heirs of adopted child determining heirs in intestate succession legal framework for intestate inheritance succession rights of surviving spouse inheritance rights of illegitimate relatives right of representation declaration of heirship paternity filiation relation relationship personal relations rights and obligations duty duties interest importance of direct and collateral lines legal implications of heir incapacity procedures for handling void wills inheritance rights of nearest relatives application of per stirpes division succession procedures in absence of will inheritance rights of adopted children differences in inheritance for full and half blood legal consequences of inheritance rejection succession rights based on relationship degrees legal standards for intestate heirship impact of renunciation on inheritance division of estate among legitimate children inheritance rights of grandchildren and descendants legal criteria for intestate heir determination procedures for intestate estate distribution intestate succession and heir determination

    10 min

  7. NOV 29

    17E S4 Judicial Land Registration Case (Land Title Case)

    DPWH expropriation NGCP expropriation Adverse claim annotation Affidavit of adverse claim Land title and land deeds rules and annotations File a case in court in good faith and with clean hands Unclean hands is not good Siargao properties must be checked if alienable or inalienable Siargao real estate broker must advice if the land sold is alienable or inalienable Several Guimaras surveyor and broker are available in the island  Guimaras properties increase in value because there is limited supply Bail reduction is not guaranteed and payment must follow the bail fixed Expired letter of guarantee can be re-applied Real estate guarantee release can be accomplished by the mortgagor Cebu geodetic engineer associations and groups are available in the island Boundary dispute resolution is best done out of court Property law and Succession law are interesting Adjacent property dispute and amicable settlement out of court is a good step Compromise agreement must always be on the table state's role in managing unclaimed estates benefit of estates for public services trust establishment for municipal benefit reclaiming estates from government possession legal processes for estate distribution use of estates for public education and charities legal rights for reclaiming state-held estates procedures for public estate management impact of intestate succession on municipal resources legal recourse for heirs in state distribution conditions for accretion in testamentary succession rules for accretion among co-heirs inheritance rights in case of repudiation legal framework for accretion in succession capacity to succeed by will or intestacy requirements for inheriting from a decedent inheritance by conceived children collateral relatives in succession inheritance by full blood siblings per capita and per stirpes inheritance succession by half blood siblings inheritance rights of collateral relatives limitations on collateral succession state inheritance in absence of heirs division among paternal and maternal lines illegitimate children's inheritance rights succession in absence of legitimate heirs rights of illegitimate descendants inheritance division with legitimate ascendants limitations on illegitimate child's inheritance inheritance by illegitimate child's parents succession by surviving spouse surviving spouse's rights in inheritance

    8 min

  8. NOV 29

    16E S4 Judicial Land Registration Case (Land Title Case)

    Quitclaim affidavit can be repudiated or questioned even if properly done. New tax declaration versus cancelled tax declaration certificate Revision of assessment by assessor’s office Lot plan may not be a proof of ownership Sketch plan may not be a proof of ownership Vicinity map may not be a proof of ownership Legal forms in the Philippines vary depending on style and facts Retainer agreement can vary and is on a case to case basis To file a complaint or to threaten to file a complaint are different Counter affidavit must be notarized Counter-affidavits must be notarized properly Provisional liberty is merely temporary freedom while the case is pending Title cancellation must be done in court unless the parties amicably settle Timberland ownership is not possible and it cannot be titled Timberland is beyond the commerce of man Land classification issuances Zoning laws and rules Other Right of way remedies apart from just filing cases Public road access Private road access Builder in good faith and its rules Builder in bad faith and its rules Trespassing and destruction of property must be avoided Indirect contempt and docket fees requirements for returning inherited property legal guidelines for succession capacity inheritance acceptance and repudiation rules procedures for accepting or declining inheritance impact of creditor claims on inheritance conditions for revoking inheritance decisions court procedures for inheritance distribution legal consequences of successor incapacity restrictions on testamentary successors rules for inheritance by unborn children testamentary gifts to public organizations effects of unworthiness on heir rights procedures for excluding unworthy heirs inheritance rights of disqualified individuals legal forgiveness and heir reinstatement criteria for assessing heir capacity conditions for testamentary unworthiness actions causing unworthiness in succession legal effects of forgiveness by testator criteria for judging heir capacity rights of children of disqualified heirs validity of acts by excluded heirs obligations of those incapable of succession legal procedures for incapacity declaration acceptance or repudiation of inheritance retroactive effects of inheritance acceptance conditions for inheritance acceptance estate allocation for public institutions right of accretion in succession conditions for accretion in testamentary succession rules for accretion among co-heirs inheritance rights in case of repudiation legal framework for accretion in succession capacity to succeed by will or intestacy requirements for inheriting from a decedent inheritance by conceived children testamentary dispositions to organizations state's role in managing unclaimed estates benefit of estates for public services trust establishment for municipal benefit reclaiming estates from government possession legal processes for estate distribution use of estates for public education and charities legal rights for reclaiming state-held estates succession rights for illegitimate heirs legal consequences of legitimacy in succession

    13 min
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About

www.cebuattorney.com Hi! I am Jan Edmond Yncierto-Ruz, your host in this co-learning channel. Welcome to a platform dedicated to providing free information and insights on real estate law and inheritance law in the Philippines for both lawyers and non-lawyers. It is crucial to stay informed about property laws and rights, especially regarding real estate, estate and succession, last wills, inheritance, absolute sale, donation inter vivos, agricultural tenancy (saop), land surveying, and other related topics. This channel assists anyone interested in collaborating with their lawyers on cases or transactions involving real estate. We share contributions from co-learners who share links from GOV.PH websites involving Supreme Court decisions, laws, rules, regulations, IRRs, circulars, and memorandums related to real estate and inheritance law. For our lawyer co-learners, please share updates. For non-lawyers, this channel will guide you in finding the right lawyer for your situation. The Supreme Court website has a "Lawyers List" to help identify suitable legal assistance. As a lawyer (attorney-at-law), notary public, geodetic engineer, land surveyor, and real estate broker, I believe in the power of shared knowledge and collaboration. I focus my sharing on these topics that interest me: Probate and Estate Matters: Insights into the probate process, including working with your lawyer on a last will and testament, estate proceedings, and extrajudicial settlements.Declaration of Heirship: Guidance on establishing a declaration of heirship and its implications for asset distribution.Shares of Inheritance: How to determine the shares of inheritance among heirs.Real Estate Lawyer Services: Clarifying the role of your own real estate attorneys in navigating your own legal challenges.Property and Land Title Issues: Understanding legalities surrounding property disputes and considerations when seeking your land title lawyer.Real Estate Contracts: Essential elements in contracts and avoiding common pitfalls by collaborating with your lawyer.Eviction Processes: Understanding tenant rights and how lawyers assist in eviction cases like unlawful detainer and forcible entry.Agrarian Reform: Discussing agrarian reform laws, agricultural tenants, and their impact on land ownership.Land Surveying: The importance of land surveys in defining property boundaries and ensuring clear titles. This channel is for those planning to visit their lawyers for legal advice involving real estate litigation, real estate transactions like absolute sales or lease agreements, and property development.  With co-learning, we share the knowledge needed to engage with your legal counsel effectively. This platform encourages open dialogue about real estate law and related inheritance matters. I invite both lawyers and non-lawyers to share updates. Together, we can explore property laws and estate management, making information accessible. Thank you for being part of this co-learning group! Please contribute by sharing links from GOV.PH websites that contain information on the latest updates involving real estate litigation and transactions. JAN EDMOND Y. RUZLawyer, Geodetic Engineer, Real Estate Brokerwww.CebuAttorney.comEmail: janruzlaw@gmail.comViber/WhatsApp: 0917.678.4457 / +63.917.678.4457

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