Calimlim-Canullas vs. Fortun

No. L-57499. June 22, 1984.
CALIMLIM-CANULLAS vs. FORTUN

Ponente: Melencio-Herrera
SUMMARY:
This case is about an inherited land owned by Fernando Canullas. The said land was sold in favor of a
concubine after he had abandoned his family and left the conjugal home where his wife and children lived
and from whence they derived their support.
RULING:
The court found that the contract of sale was null and void for being contrary to morals and public policy.
That sale was subversive of the stability of the family, a basic social institution which public policy cherishes
and protects.
ARTICLE 1490 :
The husband and the wife cannot sell property to each other, except:
(1) When a separation of property was agreed upon in the marriage settlements; or
(2) When there has been a judicial separation of property under article 191
FACTS:
Petitioner Spouses MERCEDES Calimlim-Canullas and FERNANDO Canullas lived in a small house on the
residential land in question located at Bugallon, Pangasinan.The said land was inherited to Fernando after his
father died.
Fernando abandoned his family and was living with private respondent Corazon Daguines. During the
pendency of this appeal, they were convicted of concubinage. FERNANDO sold the subject property with the
house to DAGUINES for the sum of P2,000.00. In the document of sale, FERNANDO described the house as
“also inherited by me from my deceased parents.”
Unable to take possession of the lot and house, DAGUINES initiated a complaint on June 19, 1980 for quieting
of title and damages against MERCEDES. The latter resisted and claimed that the house in dispute where she
and her children were residing, including the coconut trees on the land, were built and planted with conjugal
funds and through her industry; that the sale of the land together with the house and improvements to
DAGUINES was null and void because they are conjugal properties and she had not given her consent to the
sale.
ISSUES:
1. Whether or not the construction of a conjugal house on the exclusive property of the husband ipso
facto gave the land the character of conjugal property;
2. Whether or not the sale of the lot together with the house and improvements thereon was valid
under the circumstances surrounding the transaction.
RULING:
1. Yes. The determination of the first issue revolves around the interpretation to be given to the second
paragraph of Article 158 of the Civil Code, which reads:
“x x x Buildings constructed at the expense of the partnership during the marriage on land
belonging to one of the spouses also pertain to the partnership, but the value of the land shall
be reimbursed to the spouse who owns the same."
The court held that pursuant to the foregoing provision both the land and the building belong to the
conjugal partnership but the conjugal partnership is indebted to the husband for the value of the land.
The spouse owning the lot becomes a creditor of the conjugal partnership for the value of the lot, which
value would be reimbursed at the liquidation of the conjugal partnership.
It follows that FERNANDO could not have alienated the house and lot to DAGUINES since
MERCEDES had not given her consent to said sale.
2. NO. The court found that the contract of sale was null and void for being contrary to morals and public
policy. The sale was made by a husband in favor of a concubine after he had abandoned his family and
left the conjugal home where his wife and children lived and from whence they derived their support.
That sale was subversive of the stability of the family, a basic social institution which public policy
cherishes and protects.
Article 1409 of the Civil Code states inter alia that: contracts whose cause, object, or purpose is
contrary to law, morals, good customs, public order, or public policy are void and inexistent from
the very beginning.
Article 1352 also provides that: "Contracts without cause, or with unlawful cause, produce no
effect whatsoever. The cause is unlawful if it is contrary to law, morals, good customs, public
order, or public policy."
Additionally, the law emphatically prohibits the spouses from selling property to each other
subject to certain exceptions (ARTICLE 1490). Similarly, donations between spouses during
marriage are prohibited. And this is so because if transfers or conveyances between spouses were
allowed during marriage, that would destroy the system of conjugal partnership, a basic policy in civil
law. It was also designed to prevent the exercise of undue influence by one spouse over the other, as
well as to protect the institution of marriage, which is the cornerstone of family law. The prohibitions
apply to a couple living as husband and wife without benefit of marriage, otherwise, "the condition of
those who incurred guilt would turn out to be better than those in legal union." Those provisions are
dictated by public interest and their criterion must be imposed upon the will of the parties.
DISPOSITION:
WHEREFORE, the Decision of respondent Judge, dated October 6, 1980, and his Resolution of
November 27, 1980 on petitioner's Motion for Reconsideration, are hereby set aside and the sale of the
lot, house and improvements in question, is hereby declared null and void. No costs.

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No. L-57499. June 22, 1984.

CALIMLIM-CANULLAS vs. FORTUN

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