Case Digest (G.R. No. L-11240)
Facts:
Conchita Liguez v. The Honorable Court of Appeals, Maria Ngo Vda. de Lopez, et al., G.R. No. L-11240, December 18, 1957, the Supreme Court En Banc, Reyes, J.B.L., J., writing for the Court.
Petitioner Conchita Liguez sued the widow and heirs of the late Salvador P. Lopez in the Court of First Instance (CFI) of Davao for recovery of a 51.84-hectare parcel in Barrio Bogac-Linot, Mati, Davao. She asserted ownership by virtue of a public deed of donation executed in her favor by Lopez on May 18, 1943; the donation instrument was prepared before and ratified before the Justice of the Peace of Mati, and the deed of acceptance by Liguez was authorized by Article 626 of the old Civil Code. At the time of the donation petitioner was a minor of about 16 years of age.
Respondents interposed several defenses. They maintained that the donated land originally formed part of the conjugal partnership of Lopez and his wife Maria Ngo, that Lopez lacked the power to donate community property to the prejudice of his wife, and that the donation was tainted with an illicit causa because Lopez made the donation to induce petitioner to enter into marital cohabitation with him while he was married. The Court of Appeals found facts supporting respondents: Lopez had lived only briefly with petitioner’s parents before making the donation; he confessed to instrumental witnesses that the donation was a condition to winning petitioner’s parents’ consent to his cohabiting with her; petitioner and Lopez thereafter lived together; Lopez was killed July 1, 1943; the deed was never recorded; the widow and children remained in possession and made improvements; and the land was assessed in Lopez’s and then his widow’s name.
The CFI dismissed Liguez’s complaint, and the Court of Appeals affirmed, holding the donation inoperative because (1) Lopez could not donate conjugal property to the prejudice of his wife, and (2) the donation was tainted with an illegal causa (in pari delicto). Petitioner sought relief from this Court; certiorari was granted on Oc...(Subscriber-Only)
Issues:
- May the heirs of the deceased donor invoke the defense of illegality (in pari delicto) to defeat the donee’s claim to the donated land?
- Was the deed of donation void because it was induced by an illicit causa (donor’s desire to secure cohabitation/sexual relations)?
- If the donation is tainted or otherwise infirm, what is the legal effect of a husband’s donation of conjugal property with respect to the rights of the wife and forced heirs, and what remedy follows?
- What is the status of improvements and possession by the wid...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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