Willem is a Dutch National who
married Velina, a Filipina in March 29, 1980.
During their marriage, they acquired several lots in Dumaguete City,
Negros Oriental which were all in the name of Velina because of the
Constitutional prohibition on foreigners owning real properties in the
Philippines. Sadly, their marital union did not turn out well, thus they
eventually separated. The court granted
the nullity of their marriage in the year 2000.
Willem now comes to court in order to seek reimbursement of at least ½ of
the value of the lots which were acquired using his own money derived from his
disability benefits from the Dutch government.
Query: Can Willem recover the money
used to purchase the lots which are now in the name of his Filipina spouse?
Answer:
No.
The Supreme Court held that no
reimbursement can be given to Willem even on the grounds of equity or unjust enrichment
on the part of the Filipina spouse. Since
Willem chose to violate the Constitution of the country, he acquired no right
over the real properties even if the same be purchased using his own money. A contract which violates the Constitution
and the law is null and void, vests no
rights, creates no obligations and produces no legal effect at all. The law will not aid either party to an
illegal contract or agreement. In short,
the court is saying that he who comes to court must come with clean hands. Otherwise stated, Willem violated the
Constitution, thus, he should not expect the court to side with him.
(Willem Beumer vs. Velina Amores, GR
195670, Dec. 3, 2012)
