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.