![]() ![]() As the maxim goes, “Ex dolo malo non oritur actio,” it is well settled that a party to an illegal contract cannot come into a court of law and ask to have his illegal objects carried out. ![]() Whether or not the Deed of Sale, hereby a fictitious document, is valid and has legal effects? RULING: The Court of First Instance of Leyte, therefore, declared the deed of sale fictitious, null, and without effect. The plaintiffs, thereupon, denied under oath the genuineness and due execution of the so-called donation intervivos set forth in the answer. Cantiveros answered with a general denial and a special defense in which she asked that judgment be rendered declaring the contract of sale made between herself and Basilia Bough null. ![]() Petitioners Basilia Bough and Gustavus Bough sought to have themselves put in possession of the property covered by the deed of sale quoted in the complaint, and to require the defendant Matilde Cantiveros to pay them damages and costs. As an assurance, the spouses signed a document donating the said properties to Cantiveros in case of their death and their children. Through the influence of Gustavus Bough, who brought a story to Cantiveros that her husband was in town and might contest the contract fir the separation of the conjugal property, she was induced to sign a fictitious contract of sale of all her property to Basilia Bough. Petitioner Basilia Bough is the cousin of the defendant and was married to Gustavus Bough. In 1912, she sighed a marital contract of separation from her husband. 13300 Įx dolo malo non oritur actio No man can be allowed to found a claim upon his own wrongdoing FACTS:ĭefendant Matilde Cantiveros is regarded as the richest resident of Carigara, Leyte and was the owner of various parcels of realty of the value of thirty thousand pesos or more. ![]()
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