MANILA — The Supreme Court reiterated that waiving rights to an 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 of the 2nd Division promulgated on February 19, 2026, the court affirmed the decisions of the Court of Appeals and the Regional Trial Court.
The SC noted that the case stemmed from the two parcels of land left by Judy Cruz, who died single and without a will.
Judy was survived by her parents, Luis and Rosita, and five siblings, including Felix, Robin and Osias.
After Judy’s death, her parents Luis and Rosita executed separate notarized Waivers of Rights over the properties in favor of Robin and Osias.
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 the documents.
After their mother, Rosita, died, Felix sought to nullify the transfer of the properties and cancel the titles of Robin and Osias, arguing 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.
“In view of the foregoing, this Court finds no reason to overturn the assailed decision and resolution,” the SC said in the decision penned by Associate Justice Jhosep Lopez.
The SC said in its decision that when Judy died, ownership of her properties immediately passed to her parents as her legal heirs, which means that Luis and Rosita had the right to dispose of the properties.
“However, as the subject properties were already donated by Luis and Rosita, Felix, Henry, and Doris' subsequent execution of waivers reflects their intention to relinquish any interest over the subject properties, including the pursuit of any right or claim in connection with the properties,” the court said.
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