Arcaba vs.

Tabancura Vda De Batocael

FACTS:
Francisco Comille and his wife Zosima Montallana became the registered owners of Lot No.
437-A located at Balintawak St. and Rizal Avenue in Dipolog City, Zamboanga del Norte in
January 1956. Zosima died in 1980 hence Francisco and his mother in law executed a deed of
extrajudicial partition with waiver of rights, where the latter waived her share consisting of of
the property in favor of Francisco. Since Francisco do not have any children to take care of him
after his retirement, he asked Leticia, his niece, Leticias cousin, Luzviminda and Cirila Arcaba,
the petitioner, who was then a widow and took care of Franciscos house as well as the store
inside.

According to Leticia, Francisco and Cirila were lovers since they slept in the same room. On the
other hand, Erlinda Tabancura, another niece of Francisco claimed that the latter told her that
Cirila was his mistress. However, Cirila defensed herself that she was a mere helper who could
enter the masters bedroom when Francisco asked her to and that Francisco was too old for
her. She denied having sexual intercourse with Francisco. When the nieces got married, Cirila
who was then 34 year-old widow started working for Francisco who was 75 year old widower.
The latter did not pay him any wages as househelper though her family was provided with food
and lodging. Franciscos health deteriorated and became bedridden. Tabancura testified that
Franciscos only source of income was the rentals from his lot near the public streets.

In January 1991, few months before Francisco died, he executed a Deed of Donation Inter
Vivos where he ceded a portion of Lot 437-A composed of 150 sq m., together with his house
to Cirila who accepted the same. The larger portion of 268 sq m. was left under his name. This
was made in consideration of the 10 year of faithful services of the petitioner. Atty Lacaya
notarized the deed and was later registered by Cirila as its absolute owner.

In Octoer 1991, Francisco died and in 1993, the lot received by Cirila had a market value of
P57,105 and assessed value of P28,550. The decedents nephews and nieces and his heirs by
intestate succession alleged that Cirila was the common-law wife of Francisco.

ISSUE:
1. Whether or not the deed of donation inter vivos executed by Francisco in Arcabas
favor was valid.

HELD:
1. The court in this case considered a sufficient proof of common law relationship wherein
donation is not valid. The conclusion was based on the testimony of Tabancura and
certain documents bearing the signature of Cirila Comille such as application for
business permit, sanitary permit and the death certificate of Francisco. Also, the fact
 that Cirila did not demand her wages is an indication that she was not simply a caregiver
employee.

Cohabitation means more than sexual intercourse, especially when one of the parties is already
old and may no longer be interested in sex at the very least, cohabitation is a public assumption
of men and women holding themselves out to the public as such.

Hence, the deed of donation by Francisco in favor of Cirila is void under Art. 87 of the Family
Code.