Mercado & Mercado vs.

Espiritu; 37 Phil 215

Facts: The plaintiffs alleged that they and their sisters Concepcion and Paz, all surnamed Mercado, were the children and sole heirs of Margarita Espiritu, a sister of the deceased Luis Espiritu; that Margarita Espiritu died in 1897, leaving as her paraphernal property a tract of land of 48 hectares. The defendant (Luis Espiritu) was accused to have induced, and fraudulently succeeded in getting the plaintiffs to sell their land for a sum of P400 as opposed to its original value. The annulment of a deed of sale was sought by the plaintiffs. They asserted that two of the four parties were minors. These two minors (Domingo & Josefa Mercado) presented themselves to be of legal age upon signing it and they made a manifestation in front of the notary public.

Issue: Whether or not the deed of sale is valid when the minors presented themselves that they were of legal age.

Held: The courts have laid down the rule that the sale of real estate, made by minors who pretend to be of legal age, when in fact they are not, is valid, and they will not be permitted to excuse themselves from the fulfillment of the obligations contracted by them, or to have them annulled.