Ecoland Lawyer and Notary Public - Atty. Balingao

01/10/2026

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A new month, a fresh start, and another opportunity to serve you.

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01/10/2026

The has 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, who later executed an 𝘌𝘹𝘵𝘳𝘢𝘫𝘶𝘥𝘪𝘤𝘪𝘢𝘭 𝘗𝘢𝘳𝘵𝘪𝘵𝘪𝘰𝘯 𝘢𝘯𝘥 𝘚𝘦𝘵𝘵𝘭𝘦𝘮𝘦𝘯𝘵 𝘰𝘧 𝘌𝘴𝘵𝘢𝘵𝘦 and registered the properties in their names.

Felix and his 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 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 their mother’s estate, to which he was entitled to inherit as one of the heirs.

The SC upheld the ruling of the trial court and the CA dismissing Felix’s complaint and holding that the Waivers of Rights executed by Luis and Rosita constituted valid donations in favor of Robin and Osias.

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) ex*****on 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.

Read the full text of the Press Release at https://sc.judiciary.gov.ph/?p=174097.

Read the full text of the Decision at https://sc.judiciary.gov.ph/?p=168026.

Copying of this content is subject to the SC PIO’s Credit Attribution Policy: https://sc.judiciary.gov.ph/credit-attribution-policy/.

29/09/2026

A new day, a fresh start, and another opportunity to do our best. Have a blessed and productive day! ⚖️✨

25/09/2026

You can now schedule your legal consultation with us. 👩🏻‍💻

Send us a message on this page to book your appointment.🗓️📌

25/09/2026

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Sometimes, the strongest thing you can do is admit you need a hand to hold. Seeking justice starts with a single step, and we are honored to walk that journey with you. Let this be the sign you were looking for to keep going. ✨

07/12/2025

06/12/2025

Bibili ka ba ng property?

Narito ang isang praktikal na checklist bago ka bumili ng kahit anong lupa o bahay sa Pilipinas:

1. I-verify ang Titulo –

Siguraduhing tunay ang TCT o OCT at walang sangla, lien, o adverse claim. Laging kumuha ng Certified True Copy mula sa Registry of Deeds.

2. I-verify ang Authority ng Nagbebenta –

Ang nakapangalan sa titulo ang dapat magbenta. Kung may asawa, kailangan ang pahintulot ng asawa. Kung may mga tagapagmana, dapat may maayos na extrajudicial o judicial settlement. Kung may representative, siguraduhin na may valid na Special Power of Attorney.

3. Siyasatin ang Ari-arian –

Magsagawa ng actual site visit. Suriin ang hangganan, kung may nakatira, daan o right of way, at kung may umiiral na alitan. Lubos na inirerekomenda ang relocation survey sa property.

4. I-check ang Land Use at Zoning –

Alamin kung ang lupa ay residential, commercial, o agricultural. Para sa agricultural land, suriin kung sakop ng CARP at kung kailangan ng conversion.

5. I-verify ang Buwis sa Ari-arian –

Siguraduhing updated ang tax declaration at bayad ang lahat ng real property tax na walang arrears.

6. Kung may Bahay o Gusali –

Suriin ang building permit, occupancy permit, at updated na tax declaration ng mga improvements.

7. Siguraduhin ang Maayos na Deed of Sale –

Ang Deed of Absolute Sale ay dapat kumpleto, tama, at notarized. Huwag umasa sa unnotarized o open deed of sale.

8. Protektahan ang Iyong Bayad –

Maaaring gumamit ng manager’s check o bank transfer. Huwag ibigay ang buong bayad kung wala pang notarized deed at owner’s duplicate title. Huwag kalimutang papirmahin ng acknowledgment receipt ang taong tumanggap ng bayad.

9. Tapusin ang Paglilipat ng Ari-arian –

Bayaran ang Capital Gains Tax, Documentary Stamp Tax, at Transfer Tax. Irehistro ang bentahan at kumuha ng bagong titulo at tax declaration sa iyong pangalan.

🚩🚩🚩Mga red flag na dapat bantayan:

Walang original na titulo, rights-only na bentahan, minamadaling transaksyon, invalid na SPA, may nakatirang tao sa property, at mga titulong may maraming encumbrance.

💯 Bago pumirma, magtanong muna sa abogado.

29/11/2025

Why is it necessary to have a document notarized?

Notarization converts a private document into a public document, making it admissible in evidence without further proof of its authenticity and due ex*****on. Considering the evidentiary value given to notarized documents, notaries public must ensure proper recording of documents in their notarial registers; otherwise, falsely making it appear that a document was notarized when it was not undermines public confidence in the integrity of documents.

According to the 2004 Notarial Rules, A.M. No. 02-08-13-SC, as amended, here are a few things to keep in mind if you ever need notarial services:

• All notaries public are lawyers, but not all lawyers are notaries public.
• Personal appearance before the notary public is always required.
• A notary public can only notarize documents within his or her territorial jurisdiction.
• A notary public is disqualified from performing notarial acts for certain relatives.
• A notary public must have a regular and stationary place of work or business.
• Notarization converts a private document into a public document.
• A defect in notarization does not necessarily invalidate the document.
• A person who knowingly acts as or impersonates a notary public may be subject to prosecution.

[In the case of A.C. No. 12274, October 7, 2020, RE: Order dated December 5, 2017 in Adm. Case No. NP-008-17 (Luis Alfonso R. Benedicto vs. Atty. John Mark Tamaño) issued by the Executive Judge, Regional Trial Court, Bacolod City, Complainant, vs. Atty. John Mark Tamaño, Respondent]