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  • Calimlim-Canullas V Fortun Sales Case

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    ruth_pedro_2
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    1) The husband abandoned his wife and five children to live with his concubine. He then sold the conjugal home, which was built on land inherited by the husband, to his concubine for a low price. 2) The Supreme Court ruled the sale to be null and void as it violated public policy and was detrimental to family stability. Any property acquired during marriage through conjugal funds is considered conjugal property. 3) The court affirmed that the land, having been improved with conjugal funds through building the home, became conjugal property. The sale to the concubine was an unlawful act and was invalidated.

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    Sales Case

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    Calimlim-Canullas v Fortun Sales Case

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    1) The husband abandoned his wife and five children to live with his concubine. He then sold the conjugal home, which was built on land inherited by the husband, to his concubine for a low price. 2) The Supreme Court ruled the sale to be null and void as it violated public policy and was detrimental to family stability. Any property acquired during marriage through conjugal funds is considered conjugal property. 3) The court affirmed that the land, having been improved with conjugal funds through building the home, became conjugal property. The sale to the concubine was an unlawful act and was invalidated.

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    1K vues1 page

    Calimlim-Canullas V Fortun Sales Case

    Transféré par

    ruth_pedro_2
    1) The husband abandoned his wife and five children to live with his concubine. He then sold the conjugal home, which was built on land inherited by the husband, to his concubine for a low price. 2) The Supreme Court ruled the sale to be null and void as it violated public policy and was detrimental to family stability. Any property acquired during marriage through conjugal funds is considered conjugal property. 3) The court affirmed that the land, having been improved with conjugal funds through building the home, became conjugal property. The sale to the concubine was an unlawful act and was invalidated.

    Droits d'auteur :

    Attribution Non-Commercial (BY-NC)
    Téléchargez comme DOC, PDF, TXT ou lisez en ligne sur Scribd
    Signaler comme contenu inapproprié
    sur 1

    Calimlim-Canullas v. Fortun 129 SCRA 675 (1984) Concept: Between Spouses (Family Code Sec.

    87 & Civil Code Art. 133, 1490, 1492) Sale by husband of conjugal land to his concubine is null and void for being contrary to morals and public policy and subversive to the stability of the family, a basic social institution which public policy cherishes and protects. Parties: Mercedes Calimlim-Canullas petitioner / Judge Fortun of CFI Pangasinan & Corazon Daguines respondents Facts: Dec 19, 1962 Fernando & Mercedes Calimlim-Canullas got married & had 5kids. They built a conjugal home in fernandos inherited property. 1978 Fernando abandoned his home & lived with Corazon Daguines. April 15, 1980 Fernando sold the house & lot to his concubine for only P2000 stating that house&lot were inherited by him. June 19, 1980 Daguines claimed ownership but was unable so she filed case against Mercedes (kapal lang ng mukha ng kabit!) Oct 27, 1981 Fernando & Daguines convicted of concubinage RTC of Pangasinan ruled in favor of the concubine granting lot and half of house to her. Real wife Mercedes appealed. Issues: 1) WON conjugal house on exclusive property of husband is ipso facto given character of conjugal property 2) WON sale of the house & lot to concubine was valid in this case Held & Ratio: 1) Yes! Lot where conjugal home was built w/ conjugal funds becomes conjugal property subject to reimbursement from conjugal funds upon liquidation (which should happen in normal cases upon death till death do us part, correct?) 2) Sale to the concubine is NULL & VOID! Art. 1409 & 1352 of the civil code says so! Unlawful cause. Also, constitution protects the family. Ruling: RTC decision set aside & sale of house & lot is declared null & void. No cost.

    Ruth Kristine San Pedro ALS 2B 2015

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