The Supreme Court (SC) ruled that waiving rights to inherited property may be considered a valid donation when it shows intent to donate and meets the legal requirements for a donation.
In a Decision written by Associate Justice Jhosep Y. Lopez, the SC’s Second Division denied the consolidated petitions filed by Felix G. Cruz and affirmed the Court of Appeals’ (CA) rulings upholding the transfer of two inherited properties by Luis and Rosita Cruz to their sons, Robin and Osias.
The case involved two parcels of land left by Judy Cruz, who died single and without a will. She was survived by her parents, Luis and Rosita, and five siblings, including Felix, Robin, and Osias.
After Judy’s death, Luis and Rosita executed separate notarized Waivers of Rights over the properties in favor of Robin and Osias.
Robin and Osias later executed an Extrajudicial Partition and Settlement of Estate and registered the properties in their names.
Felix and two other siblings, Doris and Henry, also executed waivers giving up any interest in the properties. Felix, who was the family lawyer, prepared these documents.
After their mother, Rosita, died, Felix sought to nullify the transfer of the properties and cancel the titles of Robin and Osias. Felix argued that the transfer was invalid and that the properties should have remained part of Rosita’s estate, to which he was entitled to inherit as one of the heirs.
The Regional Trial Court dismissed Felix’s complaint. The CA upheld the dismissal and ruled that the Waivers of Rights executed by Luis and Rosita constituted valid donations in favor of Robin and Osias.
The SC agreed.
The SC explained that when Judy died, ownership of her properties immediately passed to her parents as her legal heirs. Luis and Rosita therefore had the right to dispose of the properties.
Although the documents they executed were called Waivers of Rights, the SC found that Luis and Rosita intended to donate the properties to Robin and Osias.
Under Article 749 of the Civil Code, a valid donation of real property requires: (1) a decrease in the donor’s property; (2) a corresponding increase in the donee’s property; (3) intent to donate; (4) execution of the donation in a public document; and (5) acceptance by the donee. If the acceptance is in a separate document, the donor must be informed.
These requirements were met in this case. Luis and Rosita gave up their ownership of the properties in favor of Robin and Osias through notarized documents that expressly authorized the transfer.
Robin and Osias, in turn, accepted the donation by executing the Extrajudicial Partition and Settlement and registering the properties in their names. Their actions were made known to Luis and Rosita.
The SC therefore ruled that the donation was valid. As a result, the properties no longer formed part of Rosita’s estate when she died.
The SC also noted that Felix, Doris, and Henry had separately waived any interest they might have had in the properties. Felix himself prepared these waivers and could not later question their legal effect. (Courtesy of the SC Office of the Spokesperson)
This press release is prepared for members of the media and the general public by the SC Office of the Spokesperson as a simplified summary of the SC’s Decision. For the SC’s complete discussion of the case, please read the full text of the Decision in G.R. No. 269039-41 (Felix G. Cruz v. Robin Cruz et al.), February 19, 2026.
Originally published by the Supreme Court Public Information Office on 30 September 2026.
This post is a republication compliant with the Supreme Court Credit Attribution Policy.
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