TC Law Office

30/09/2026

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/.

17/09/2026

NEGOSYO 101 | SOLE PROPRIETORSHIP

Starting a business? DTI registration is only the first step.

A sole proprietor may also need to register with the LGU, BIR, and SSS, plus other agencies depending on the nature of the business.

Remember: A sole proprietorship is not separate from its owner, so proper registration and compliance matter from Day 1.

Register. Comply. Grow.

16/09/2026

NEGOSYO 101 | BUSINESS ENTITIES

Are you planning to start your own business? Or are you planning to register your business?

Here are the types of business entities you can choose from.

Different structures, different types of ownership, but with the same goal – to do business.

If you’re not sure which business entity best suits you and your business, seek help from a lawyer.

12/09/2026

BAR EXAM DAY 3

“Attorney, kailan ba talaga ako dapat kumonsulta sa abogado?”

Preferably, before the problem becomes a case.

People often consult a lawyer only after receiving a summons, after signing a problematic contract, after paying for disputed land, or after a disagreement has already escalated.

But lawyers do more than litigate.

Legal advice can help you:
⚖ understand your rights and obligations
📄 review contracts before you sign
🏠 check property transactions
👪 settle estates and family concerns properly
🤝 resolve disputes before litigation
🛡 protect yourself before a problem becomes more expensive

And today, as the 2026 Philippine Bar Examinations come to an end, we wish every examinee strength for the final stretch.

Behind every Bar examinee are years of study, sacrifice, missed occasions, sleepless nights, and people who quietly helped them reach this day.

Finish strong. Leave everything on the table.

To our future colleagues in the profession: may your knowledge of the law always be matched by integrity, compassion, and courage. ⚖

10/09/2026

Naaksidente ka. Nakikipagsettle sila. G na ba agad?

Wait! Read this first. ❤️

⚖ LEGAL FAQ #9

“Attorney, naaksidente ako. Nakikipag-settle na sila. Ano ang dapat kong gawin?”

Do not rush into signing a settlement simply because you want the problem to end.

If you are involved in a vehicular accident:
📷 Document the scene and damage, if safely possible
👮 Report the incident to the proper authorities
🏥 Seek medical attention when necessary
📄 Keep medical records, receipts, repair estimates, police reports, and other documents
📱 Preserve messages and communications with the other party
✍ Understand any waiver, quitclaim, or settlement before signing it.

The full extent of an injury or financial loss may not always be apparent immediately after an accident.

Document first. Understand the consequences. Then decide.

09/09/2026

⚖ LEGAL FAQ #8 | BAR EXAM DAY 2

“Attorney, may mali sa birth certificate ko. Kailangan ko bang pumunta agad sa court?”

Not always.

The proper procedure depends on what entry is wrong and what correction you are requesting.

Certain clerical or typographical errors may be corrected administratively through the civil registrar under applicable laws.

Other changes that are substantial or affect civil status, filiation, legitimacy, citizenship, or similar matters may require judicial proceedings and compliance with specific procedural requirements.

That is why two seemingly similar birth-certificate problems can require completely different remedies.

Before filing anything, identify exactly what is wrong, what the correct entry should be, and what documents support the correction.

To our 2026 Bar Examinees taking Day 2 today: keep going. You are already two-thirds of the way there. ⚖

07/09/2026

⚖ LEGAL FAQ #6

“Attorney, pwede ba akong makulong dahil hindi ako nakabayad ng utang?”

Mere nonpayment of debt does not, by itself, mean imprisonment.

The Constitution provides that no person shall be imprisoned for debt or non-payment of a poll tax.

But this does not mean you can simply ignore your obligations.

A creditor may pursue the appropriate civil remedies to collect a valid debt. And if the circumstances involve acts that independently constitute a crime—such as certain forms of fraud —the issue is no longer merely the failure to pay a debt.

So remember:
Hindi ka basta makukulong dahil may utang ka—but the debt does not simply disappear.

06/09/2026

⚖ LEGAL FAQ #5 | BAR EXAM DAY 1

“Attorney, pwede ba akong makasuhan dahil sa Facebook post, comment, or share?”

Yes, depending on what was posted and the circumstances.

Freedom of expression is protected—but it is not absolute.

Statements posted online may potentially give rise to liability when the legal elements of offenses such as online libel are present.

Other laws may also apply depending on the content and circumstances.

Deleting a post afterward does not necessarily erase what has already happened. Screenshots, messages, links, and other electronic evidence may become relevant in a case.

Think before you post. Social media is public; legal consequences can be real.

And to all 2026 Bar Examinees taking Day 1 of the Bar today: trust your preparation.

One question at a time. ⚖







The Supreme Court has specifically addressed penalties for online libel under the Cybercrime Prevention Act and Revised Penal Code.

02/09/2026

Oops, ay anay pagpakasal bisan bulag na kamo tim asawa. 😳

⚖ LEGAL FAQ #2

“Attorney, matagal na kaming hiwalay. Pwede na ba akong magpakasal ulit?”

Generally, no.

Being physically separated—even for many years—does not by itself terminate a marriage. If your marriage remains legally valid, contracting another marriage may have serious civil and even criminal consequences.

Depending on the circumstances, the proper remedy may involve declaration of nullity, annulment, recognition of a foreign divorce, or another remedy provided by law.

Before planning another marriage, determine your legal civil status first.

General legal information only. The appropriate remedy depends on the circumstances of the marriage.

01/09/2026

LEGAL FAQ #1

“Attorney, matagal na kaming nakatira sa lupa. Amin na ba ito?”

Not necessarily.

Simply occupying or using a property for many years does not automatically make you its owner.

Whether ownership may be acquired through prescription depends on several factors, including the nature of the property, whether it is registered or unregistered, the character and length of possession, and the circumstances surrounding that possession.

Most importantly, registered land generally cannot be acquired by prescription or adverse possession against the registered owner.

Before buying, selling, building on, or claiming property based solely on long possession, have the title and other property records checked first.

General legal information only. Property cases are highly fact-specific.