Facts:

In 1956, Felix Matabuena donated a property to his common-law spouse, Petronila Cervantes. In March 1962, Felix and Petronila got married. After five months, Felix died intestate, survived by Petronila and Cornelia, Felix's sister. Subsequently, Cornelia, being the only sister and the nearest collateral relative of the deceased, filed a case to recover the property which was donated Petronila on the ground that under Art.133 of  the Civil  Code, “every  donation  between  the spouses during the marriage shall be void."

The trial court ruled that the case was not covered by the prohibition because the donation was made at the time Felix and Petronila were not yet married and were simply cohabitating.


Issue:

Does the ban on donation between spouses during the marriage apply to common-law relationships?


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.

However, the lack validity of the donation made by the deceased to Petronila does not necessarily mean that the Cornelia will have exclusive rights to the disputed property because the relationship between Felix and Petronila were legitimated by marriage. She is therefore his widow. As provided in the Civil Code, she is entitled to one-half of the inheritance and the plaintiff, as the surviving sister to the other half. (Matabuena vs. Cervantes, G.R. No. L-28771. March 31, 1971)