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Matabuena vs. Cervantes

CORNELIA MATABUENA, plaintiff-appellant, vs. PETRONILA CERVANTES, defendant-appellee.

G.R. No. L-28771 | 1971-03-31

Republic of the Philippines
SUPREME COURT
Manila
 
D E C I S I O N 
 
 
FERNANDO, J: 
 
A question of first impression is before this Court in this litigation. We are called upon to decide whether the ban on a donation between the spouses during a marriage applies to a common-law relationship. 1 The plaintiff, now appellant Cornelia Matabuena, a sister to the deceased Felix Matabuena, maintains that a donation made while he was living maritally without benefit of marriage to defendant, now appellee Petronila Cervantes, was void. Defendant would uphold its validity. The lower court, after noting that it was made at a...