MULER V MULLER HELD: NO

G.R. NO. 149615 • Invoking the principle that a court is not only a court of law but also a
AUGUST 29, 2006 court of equity is misplaced. It has been held that equity as a rule will
YNARES-SANTIAGO fllow the law and will not permit that to be done indirectly which,
because of public policy, cannot be done indirectly.
FACTS: • He who seeks equity must do equity, and he who comes into equity must
• Petitioner Elena Muller and respondent Helmut Muller, a foreigner, were come with clean hands is a frequently stated maxim which also expressed
married and bought a property in Antipolo using the funds of the latter. in the principle that he who has done inequity shall not have equity.
The TCT was registered under the name of the petitioner. • The respondent cannot seek reimbursement on the ground of equity
• The spouses eventually separated, and Helmut filed a petition for where it is clear that he willingly and knowingly bought the property
separation of properties before the RTC. RTC then decreed the separation despite the constitutional prohibition.
of properties between them and ordered equal partition of personal
properties located within the country; however, concerning the Antipolo
property, the RTC ruled that the respondent cannot recover his funds as
the property was purchased in violation of Sec. 7, Art. XII of the
Constitution.
• The respondent then appealed to the CA, averring that he merely prayed
for reimbursement for the purchase of the Antipolo property, not the
acquisition and transfer of ownership. CA modified the RTC decision,
ordering Elena to reimburse the respondent.
• The petitioner then appeals that the CA gravely erred in holding that the
respondent is entitled to reimbursement as it indirectly allowed an act
done which otherwise could not be directly done that aliens are
prohibited from acquiring ownership of real properties in the Philippines.
• The respondent was well aware of the constitutional provision when he
and the petitioner bought the property using his funds.
ISSUE:
• W/N the respondent can claim the reimbursement he seeks by invoking
equity.