CHING vs.

GOYANKO, JR
GR No. 16579 – Nov. 10, 2006
Carpio-Morales

SUBJECT: donation in common law marriages

FACTS:
 Goyanko, Sr. married Epifania. Goyanko, Jr. and the rest of the respondents were born out of this
union.
 1961: Goyanko siblings allege that their parents acquired a property in Cebu City. But since their
parents were Chinese citizens at that time, the property was registered in the name of their aunt,
Sulpicia.n
 1993: Sulpicia executed a deed of sale of the property in favor of Goyanko, Sr. In turn, Goyanko, Sr.
executed a dded of sale in favor of his common-law wife, Ching.
 1996: After Goyanko, Sr.’s death, the Goyanko siblings discovered that Ching has already been the
registered owner of the property. They verified the signature of their father in the deed of sale and PNP
Crime Lab found it to be a forgery.
 Goyanko siblings then filed for a complaint for recovery of property; praying for the nullification of
the deed of sale.
 In defense, Ching claimed that she provided the purchase price for the sale and she presented the
notary public who testified that Goyanko, Sr. signed the deed of sale in his presence.
 RTC dismissed the case. CA reversed the decision and declared the sale null and void for being
contrary to morals and public policy – which prohibits spouses from selling properties to each other.

ISSUE: WON the deed of sale is null and void

HELD: YES. Petition dismissed. SC Affirmed CA.

 The deed of sale violates NCC Art. 1409: contracts whose cause, object, or purposes is contrary to
law, morals, good customs, public order, or public policy are void and inexistent from the very
beginning;
 NCC Art 1352: Contracts without cause, or with unlawful cause, produce no effect whatsoever. The
cause is unlawful if it is contrary to law, morals, good customs, public order, or public policy;
 And NCC Art. 1490: The husband and wife cannot sell property to each other, xxx.
 It was designed to prevent the exercise of undue influence by one spouse over the other, as well as to
protect the institution of marriage.
 Art 1490 also applies to common-law spouses, otherwise, “the condition of those who incurred guilt
would turn out to be better than those in legal union.”
 In general, transfers or conveyances (in a form of sale or donation) is prohibited between spouses.

Doctrine: The proscription against transfers or conveyances between spouses applies even to common
law relationships.