MERCADO v ESPIRITU

FACTS:

This case is about the signing of a deed of sale in which two of the four parties were minors with age 18,
and 19. On the date of sale, these minors presented themselves that they were of legal age at the time
they signed it, and they made the same manifestation before the notary public.

ISSUE:

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

RATIO:

The courts laid down that such sale of real estate was still valid since it was executed by minors, who
have passed the ages of puberty and adolescence, and are near the adult age, and that the minors
pretended that they had already reached their majority.

Article 38. Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil-interdiction
are mere restrictions on the capacity to act, and do not exempt the incapacitated person from certain
obligations, as when the latter arise from his acts or from property relations, such as easements.
Also, these minors cannot be permitted afterwards to excuse themselves from compliance with the
obligation assumed by them or seek their annulment. This is in accordance with the provisions of the
law on estoppels.
This is in accordance with the provisions of the law on estoppel.
Art 1431 of Civil Code. Through estoppel, an admission or representation is rendered conclusive upon the
person making it, and cannot be denied or disproved as against the person relying thereon.
This is also in accordance with the provisions of Rule 123, Sec 68, Par. A
Rule 123, sec 68, Par. A...Whenever a party has, by his own declaration, act or omission, intentionally and deliberately led another to
believe a particular thing to be true, and to act upon such belief, he cannot, in any litigation arising out of such declaration, act or
omission, cannot be permitted to falsify it.
BAMBALAN v MARAMBA
FACTS:
Bambalans parents Paula Prado and her first husband, Isidro Bambalan Y Calcotura received a loan from Genoveva
Muerong and German Maramba in 1915. Calcotura died leaving Bambalan as the sole heir of his estate. In 1922,
Muerong and Maramba forced Bambalan, who was at that time, a minor, to sell their land as payment for the loan.
Bambalan signed, but said that he was forced because they were threatening his mother with imprisonment. Muerong
and Maramba bought Bambalans first cedula to acknowledge the document.

ISSUE:
Whether sale of the land to Maramaba and Muerong is valid.

RATIO:
The sale is void as to the plaintiff, because he was a minor at the time of execution. The Doctrine laid down in the
case of Mercado vs. Espiritu is not applicable to this case, because the plaintiff did not pretend to be of age, and the
defendant knew him as a minor.

Important Statutes:

Civil Code, Article 38.

Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil-interdiction are mere restrictions on
the capacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter arise from
his acts or from property relations, such as easements.

Civil code, Art. 1327.

The following cannot give consent to a contract:

(1) Unemancipated minors;

(2) Insane or demented persons, and deaf-mutes who do not know how to write. (1263a)

Civil code, Art. 1390.

The following contracts are voidable or annullable, even though there may have been no damage to the contracting
parties:

(1) Those where one of the parties is incapable of giving consent to a contract;
(2) Those where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud.