LIGUEZ vs CA, G.R. No.

L-11240, December 18, 1957

Facts

The Salvador Lopez donated a parcel of land that is under conjugal partnership to Conchita Liguez
(petitioner) by executing a Deed of Donation. After the death of Salvador, petitioner filed a case against
the widow and heirs of Salvador (respondent). Petitioner contends that she is the lawful owner of the
said land. In the defense of the respondents, they contend that the donation was null and void for
having illicit cause or consideration because the donation was made so that the deceased will be
permitted to have a sexual relationship with the petitioner who was 16 years old at that time.

RTC ruled in favor of the respondents.

CA affirmed the ruling of the RTC.

Issue

WON the deed of donation is null and void for having an illicit cause or consideration.

Ruling

Yes

Article 1352. Contracts without cause, or with unlawful cause, produce no effect whatever. The cause is
unlawful if it is contrary to law, morals, good customs, public order or public policy.

The court ruled that the cause of the donation was to have a sexual relationship with the plaintiff, that
the deceased would not have created the said contract if not for that reason. Therefore, the donation is
void. However, it is not void in its entirety, but only in so far as it prejudices the interest of the wife.