CORNELIA MATABUENA vs.

PETRONILA CERVANTES
L-2877 (38 SCRA 284)
March 31, 1971
FACTS:
In 1956, herein appellants brother Felix Matabuena donated a piece of lot to his
common-law spouse, herein appellee Petronila Cervantes. Felix and Petronila got married only
in 1962 or six years after the deed of donation was executed. Five months later, or September
13, 1962, Felix died. Thereafter, appellant Cornelia Matabuena, by reason of being the only
sister and nearest collateral relative of the deceased, filed a claim over the property, by virtue of
a an affidavit of self-adjudication executed by her in 1962, had the land declared in her name and
paid the estate and inheritance taxes thereon. The lower court of Sorsogon declared that the
donation was valid inasmuch as it was made at the time when Felix and Petronila were not yet
spouses, rendering Article 133 of the Civil Code inapplicable.
ISSUE:
Whether or not the ban on donation between spouses during a marriage applies to a common-law
relationship.
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