G.R. No.

L-57499 June 22, 1984

Calimlim v. Fortun

Melencio-Herrer, J.:

Facts:

Petitioner Mercedes Calimlim and Fernando Canullas were married and resided in a small
house on the residential land in question located at Bacabac, Bugallon, Pangasinan. After
the death of Fernando’s father, Fernando inherited the said land. Fernando then abandoned
Mercedes and their children to live with private respondent Corazon Daguines. They were
then convicted for the crime of Concubinage. Fernando then sold the residential land in
question to Corazon for the sum of P2,000.00 and described the house as also inherited by
him from his deceased parents. Unable to take possession of the lot and house, Corazon
initiated a complaint for quieting of title and damages against Mercedes. Mercedes then
claimed that the small house on the residential land in question where she and her children
resides belongs to the conjugal properties therefore the sale between Corazon and Fernando
were null and void as she had not given her consent so the sale. The RTC ruled in favor of
Corazon and declared her as the lawful owner of the land as well as the one half of the
house. Upon Motion for reconsideration by Mercedes, the same court declared that Mercedes
as the true and lawful owner of the land in question and the sale of the conjugal properties
as null and void.

Issue:

Whether or not the sale of the lot together with the house and improvements thereon was
valid under the circumstances surrounding the transaction.

Held:

No. We find that the contract of sale was null and void for being contrary to morals and
public policy. The sale was made by a husband(Fernando) in favor of a
concubinage(Corazon) after he had abandoned his family and left the conjugal home. That
sale was subversive of the stability of the family, a basic social institution which public policy
cherishes and protects. Article 1409 and 1352 renders a contract void if it’s contrary to law,
morals, good customs, public order, or public policy, and whose cause is unlawful. Moreover,
the law empathetically prohibits the spouses from selling property to each other subject to
certain exceptions. The prohibition also applies to a couple living as husband and wife
without the benefit of the marriage, similar to the relationship of Fernando and Corazon. It
was designed to prevent the exercise of undue influence by one spouse over the other a
well as to protect the institution of marriage.