Matabuena v.

Cervantes Case Digest

Matabuena v. Cervantes
G.R. No. L-28771 (March 31, 1971)

FACTS:
Felix Matabuena cohabitated with Respondent. During this period, Felix Matabuena donated to
Respondent a parcel of land. Later the two were married. After the death of Felix Matabuena, his
sister, Petitioner, sought the nullification of the donation citing Art.133 of the Civil Code
Every donation between the spouses during the marriage shall be void.
The trial court ruled that this case was not covered by the prohibition because the donation was
made at the time the deceased and Respondent were not yet married and were simply cohabitating.

ISSUE:
W/N the prohibition applies to donations between live-in partners.

HELD:
Yes. It is a fundamental principle in statutory construction that what is within the spirit of the law is
as much a part of the law as what is written. Since the reason
for the ban on donations between spouses during the marriage is to prevent the possibility of
undue influence and improper pressure being exerted by one spouse on the other, there is no
reason why this prohibition shall not apply also to common-law relationships.The court, however,
said that the lack of the donation made by the deceased to Respondent does not necessarily
mean that the Petitioner will have exclusive rights to the disputed property because the
relationship between Felix and Respondent were legitimated by marriage.