Ching vs.

Goyangko
GR 165879
2006
Facts: Epifania was married to Joseph, they had 7 children. There is a parcel of land
bought during the marriage. Because Joseph was a Chinese citizen, the property
was titled in the name of his sister. Later on the title was transferred to the name of
Joseph. Later on Joseph had a paramour. He left the conjugal home leaving his wife
and children and the conjugal home and starts living with Maria Ching. While they
are living together(with Maria), there was a DOAS of the said property between
Joseph and Maria. Later on the title was named after the name of Maria. She alleged
that the money used by Joseph to buy the property was actually hers. Joseph died.
Now the heirs want to recover the parcel of land from Maria.
Issue: WON there is a valid transfer of the said property.
Held: Art. 1490 of NCC The husband and wife cannot sell to each other, except:
1. when a separation of property was agreed upon in the MS;
2. when there has been a judicial separation of property under Art. 191 of
NCC.
The proscription against sale of property between spouses applies even to
common law relationship.
The sale between Joseph and Maria is considered null and void. Therefore, the heirs
can lawfully recover this property.
If we do not apply this prohibition against common law relationship, those person
shall be placed in a better position or situation. What cannot be applied to between
spouses cannot also be applied to common-law.