CALIMLIM-CANULLAS v.

FORTUN
FACTS:
Mercedes and Fernando were married and had 5 children. Fernando inherited the land upon w/c their
house was built. Fernando left his family to live w/ his concubine Corazon. Then he sold the said lot w/
the house in favor of Corazon for P 2,000.00. Corazon, unable to take possession of the house and lot,
filed a complaint for quieting of title; Mercedes objected alleging that the properties pertained to the
conjugal partnership.

ISSUE:
W/N the sale to Corazon was valid

HELD:
The properties pertained to the conjugal partnership, w/c was then indebted to Fernando for the value
of the lot; thus the sale is null and void because Mercedes did not give her consent. More so, the sale
was null and void for being contrary to morals and public policy. The law generally prohibits spouses
from selling or donating properties to each other; the same prohibitions apply to a couple living as
husband and wife w/o the benefit of marriage. To rule otherwise would be to put the persons in guilt at
a better position than those legally married. This is dictated by the public interest.