G.R. No. L-28771 (1971)
Topics:
Property relations
Summary:
Petition for Review on Certiorari assailing CA Decision and Resolution that reversed RTC Decision in favor of Fausto Ignacio. RTC ruled that the Deeds of Sale executed by
Doctrines:
Void or prohibited donations between spouses during the marriage
Facts:
Cornelia Matabuena, sister of deceased Felix Matabuena, alleged that Felix donated land to Petronila Cervantes before marrying Petronila in 1962. Cornelia avers that such donation is void with prejudice to her right to the subject property. RTC sustained the validity of the donation since it was made before the marriage to the Cervantes and not during the subsistence of the marriage.
Issue:
Whether the donation to Cervantes is void
Ruling:
Yes. The Court stated that a donation between common-law spouses falls within the prohibition under Article 133 of the Civil Code.
The law provides that the prohibition of the donation in favor of the other consorts and descendants outside the benefit of marriage is based on the cornerstones of the family law grounded on reason and morality. Thus, the prohibition applies to persons living together as husband and wife without the benefit of nuptials.
The Court found that in 1956, Felix Matabuena executed a Deed of Donation inter vivos in favor Petronila Cervantes during their common law relationship. Even if the donation was made prior to their marriage in 1962, the Court found that the prohibition under Article 133 of the Civil Code still applies.
Thus, the donation to Cervantes is held null and void as contrary to public policy.