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Pricey PAO,

My solely sibling bought a home and lot after the loss of life of our dad and mom, and the property was registered in her title. She later met Jose, and so they finally lived collectively in the home and lot. Sadly, my sister died. Jose now desires to lease the property to a foreigner, however I protested as a result of he isn’t the proprietor thereof. Nevertheless, he claimed that my sister donated the home and lot to him after they have been cohabiting. Who has a greater proper over the home and lot?

Harthone

Pricey Harthone,

The availability of regulation which finds utility to the state of affairs of your sister is Article 87 of the Household Code of the Philippines which supplies that:

“Each donation or grant of gratuitous benefit, direct or oblique, between the spouses throughout the marriage shall be void, besides reasonable items which the spouses could give one another on the event of any household rejoicing. The prohibition shall additionally apply to individuals dwelling collectively as husband and spouse with out a legitimate marriage.”

The alleged donation by your deceased sister to her associate throughout their cohabitation is void. Whereas Article 87 of the Household Code of the Philippines speaks of prohibited donation between spouses, the identical article equally applies to individuals dwelling collectively as husband and spouse with out the advantage of marriage. This finds help within the pronouncement of the Supreme Court docket by way of Affiliate Justice Alfredo Benjamin Caguioa within the case of Perez Jr. vs. Perez-Senerpida, GR 233365, March 24, 2021, the place it dominated that:

“Matabuena equalized common-law relationships between a person and a girl, on the one hand, and validly married spouses on the opposite, in respect of the nullity of donations made between the events. This case equally pronounces that the prohibition towards a partner to donate any absolute neighborhood property or conjugal partnership property with out the consent of the opposite partner equally applies to common-law relations or cohabitations of a person and a girl with out a legitimate marriage or underneath a void marriage.”

Making use of the above-quoted determination in your state of affairs, the prohibited donation between legally married people clearly applies to a common-law relationship like that of your sister and her associate Jose. Thus, the alleged donation made by your sister to her live-in associate throughout their cohabitation is void.

It’s also essential to emphasise that the home and lot shouldn’t be co-owned by Jose and your sister as a result of it was established that the latter bought it earlier than their cohabitation which made her the only proprietor of the property. Therefore, when your sister died, the possession of her properties handed to her heirs, which doesn’t embody a common-law partner absent a final will and testomony designating the latter as an inheritor. If she had no baby, a collateral relative such as you would inherit the property pursuant to Article 1003 of the New Civil Code of the Philippines which states that:

“If there are not any descendants, ascendants, illegitimate youngsters, or a surviving partner, the collateral kinfolk shall succeed to the complete property of the deceased in accordance with the next articles.”

We hope that we have been in a position to reply your queries. Please be reminded that this recommendation is predicated solely on the details you have got narrated and our appreciation of the identical. Our opinion could range when different details are modified or elaborated.

Editor’s notice: Pricey PAO is a day by day column of the Public Lawyer’s Workplace. Questions for Chief Acosta could also be despatched to [email protected]