011-1942-de Luna V. Linatoc.docx

De Luna v. Linatoc G.R. No. L-18816 28 Oct. 1942 | Cortes, J. | Judicial decisions DOCTRINE: Ignorantia juris non excusat or ignorantia legis neminem excusat - a person who is unaware of a law may not escape liability for violating that law merely because one was unaware of its content. FACTS: 1. 2.

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Petitioner-wife (no name provided eh, si Agustin lang meron) sold a portion of their conjugal property to respondent. The parcel of land was the husband’s portion of the conjugal property. The wife, with the knowledge and consent of the husband, sold the lot to respondent as evidenced by the deed of sale and the deed of recognition wherein the husband recognized and reiterated his acquiescence to the sale (Art. 1416 – A conjugal property can be sold by one spouse if the other spouse consents). Such sale was prohibited by Art. 1432 because partitioning the conjugal property during marriage can only be done if there was a judicial separation of property, or else it would be illegal and void. The sale can only be valid if the land was sold under the name of the conjugal partnership and not of the husband only. The petitioners assail the validity of the sale to respondent, claiming that they do not know of such prohibition.

ISSUE W/ HOLDING: 1.

WON the sale may be validly annulled by the spouses? – NO

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Mistake of law does not make a contract voidable because ignorance of the law does not excuse anyone from its compliance (Art. 2, CC; 8 Manresa, 646, 2d ed.). That the petitioners did not know the prohibition against partition of the conjugal partnership property during marriage (Art. 1432, Civil Code) is no valid reason why they should ask for the annulment of the sales made. Moreover, there is the time-honored legal maxim that no man can take advantage of his own wrong. To repudiate the sales in question, petitioners are setting up their own wrongful act of partitioning their conjugal property, which violated Art. 1432 of the CC. The prohibition in said article affects public policy, as it is designed to protect creditors of the conjugal partnership and other third persons. Therefore, petitioners shall not be allowed to rest their cause of action to recover the lands sold, upon the illegality of the partition which they attempted to make. Otherwise, they would profit by their own unlawful act.

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