Title
Matabuena vs. Cervantes
Case
G.R. No. L-28771
Decision Date
Mar 31, 1971
Felix donated land to common-law partner Petronila; after marriage and his death, sister Cornelia contested its validity. SC ruled donation void under Article 133, applying spousal prohibition to common-law relationships, splitting property equally.

Case Summary (G.R. No. L-28771)

Factual Stipulation Before Trial

At the November 1965 trial, both parties agreed on these facts:

  1. Felix owned the disputed land.
  2. He donated it to Petronila on February 20, 1956, during their consensual cohabitation.
  3. They married on March 28, 1962.
  4. Felix died intestate on September 13, 1962.
  5. Cornelia thereafter executed an affidavit of self-adjudication, paid estate taxes, and claimed ownership.

Lower Court’s Ruling on Technical Marital Status

The trial court held that Article 133 did not apply because Felix and Petronila were not yet “spouses” in 1956. It deemed the donation valid, reasoning that the prohibition attaches only to donations made during a formal marriage.

Application of Civil Code and Jurisprudence

The Supreme Court reversed, relying on the 1954 Buenaventura v. Bautista decision, which interpreted the old Civil Code to void donations between de facto spouses. It underscored the policy against undue influence and mutual spoliation, grounded in Roman and Spanish legal authorities (Partidas and Pandects).

Policy and Moral Grounds Extending Prohibition

The Court emphasized that marriage remains the cornerstone of family law, and that concubinage often involves equal or greater risk of coercion. Invoking the maxim that the spirit of the law controls its literal text, the Court held that the prohibition’s underlying objectives—preventing improper pressure and unjust enrichment—demand its application to common-law unions.

Heirs’ Rights Upon Void Donation

Declaring the 1956 donation void, the Court clarified that Petronila, as lawfully wedded widow, still shared in the estate. Under Ar

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