Question
Anjo is married to Angie. In the year 2015, Anjo donated a parcel of land belonging to the community of property (property of both husband
Anjo is married to Angie. In the year 2015, Anjo donated a parcel of land belonging to the community of property (property of both husband and wife) to Arrianna, a 17 years old lady under the condition that Arrianna be her mistress. The donation was gratefully accepted by Arrianna's parents. After the donation, Arrianna became the mistress of Anjo. When Anjo died, Angie and their two (2) legitimate children took possession of the land. Subsequently, Arrianna filed an action for recovery of the property. The defendants (Angie and her legitimate children) put up the defense that the contract of donation is inexistent because of the illegality of the cause; thus, produce no effect at all. Plaintiff (Arrianna) argued however that what is illegal is the motive of the donor and not the cause, since the contract in this case is one of pure beneficence (generosity).
Answer the ff. questions:
What is the status of the contract of donation? Explain your answer with legal basis in not more than five (5) sentences.
Assuming the contract is void or inexistent, what are its effects?
What is the principle of in pari delicto? Give exceptions to the principle of in pari delicto.
HINT: Under Defective Contracts
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