Title
Calimlim-Canullas vs. Fortun
Case
G.R. No. 57499
Decision Date
Jun 22, 1984
Husband sold conjugal property to concubine without wife's consent; Supreme Court nullified sale, ruling it void for lack of consent and as contrary to public policy and morals.

Case Digest (A.C. No. 5299, 157053)
Expanded Legal Reasoning Model

Facts:

  • Parties and Marriage
    • Mercedes Calimlim-Canullas (petitioner) and Fernando Canullas married on December 19, 1962; they had five children.
    • They resided in a small house on a residential lot (≈ 891 m²) in Bacabac, Bugallon, Pangasinan, which Fernando inherited in 1965.
  • Abandonment and Criminal Conviction
    • In 1978 Fernando abandoned Mercedes and their children and cohabited with Corazon Daguines (private respondent).
    • On October 27, 1981, Fernando and Daguines were convicted of concubinage; the judgment became final.
  • Sale of Property and Civil Litigation
    • On April 15, 1980, Fernando sold the lot and house to Daguines for ₱2,000; the deed described the house as “also inherited by me from my deceased parents.”
    • Daguines sued Mercedes on June 19, 1980 for quieting of title and damages; Mercedes countered that the house, coconut trees, and other improvements were conjugal property built with conjugal funds and without her consent.
  • Trial Court Dispositions
    • October 6, 1980 Decision: Declared Daguines owner of the land and one-half of the house.
    • November 27, 1980 Resolution (on reconsideration): Amended disposition to declare Daguines owner of the land and ten coconut trees, but annulled the sale of the conjugal house, three coconut trees, and other improvements.

Issues:

  • Whether buildings erected during marriage on one spouse’s exclusive land ipso facto convert the land into conjugal property.
  • Whether the sale of the lot together with the house and improvements was valid under the circumstances (sale by husband to concubine, without spousal consent).

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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