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    Domingo Mercado Vs Jose Espiritu 37 Phil 215 Digest

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    JERROM ABAINZA
    - Margarita Espiritu inherited land and sold a portion to her brother Luis before she died, leaving her children Domingo and Josefa as heirs to the remaining land. - Domingo and Josefa, who were minors at the time, signed a deed selling their portion of the inherited land to Luis for P400. - They later tried to annul the sale, arguing they lacked legal capacity to act as minors. However, the court ruled the sale was valid since the minors pretended to be of age when signing, and minors cannot use their minority as an excuse to void contractual obligations.

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    Domingo Mercado Vs Jose Espiritu 37 Phil 215 Digest

    Uploaded by

    JERROM ABAINZA
    1K views1 page
    - Margarita Espiritu inherited land and sold a portion to her brother Luis before she died, leaving her children Domingo and Josefa as heirs to the remaining land. - Domingo and Josefa, who were minors at the time, signed a deed selling their portion of the inherited land to Luis for P400. - They later tried to annul the sale, arguing they lacked legal capacity to act as minors. However, the court ruled the sale was valid since the minors pretended to be of age when signing, and minors cannot use their minority as an excuse to void contractual obligations.

    Original Description:

    Case Digest_Persons and Family Relations_Uribe_Syllabus

    Original Title

    41. Domingo Mercado vs Jose Espiritu 37 Phil 215 Digest

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    - Margarita Espiritu inherited land and sold a portion to her brother Luis before she died, leaving her children Domingo and Josefa as heirs to the remaining land. - Domingo and Josefa, who were minors at the time, signed a deed selling their portion of the inherited land to Luis for P400. - They later tried to annul the sale, arguing they lacked legal capacity to act as minors. However, the court ruled the sale was valid since the minors pretended to be of age when signing, and minors cannot use their minority as an excuse to void contractual obligations.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    1K views1 page

    Domingo Mercado Vs Jose Espiritu 37 Phil 215 Digest

    Uploaded by

    JERROM ABAINZA
    - Margarita Espiritu inherited land and sold a portion to her brother Luis before she died, leaving her children Domingo and Josefa as heirs to the remaining land. - Domingo and Josefa, who were minors at the time, signed a deed selling their portion of the inherited land to Luis for P400. - They later tried to annul the sale, arguing they lacked legal capacity to act as minors. However, the court ruled the sale was valid since the minors pretended to be of age when signing, and minors cannot use their minority as an excuse to void contractual obligations.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    DOMINGO MERCADO and JOSEFA MERCADO, plaintiffs-appellants, vs.

    JOSE ESPIRITU, administrator of


    the estate of the deceased Luis Espiritu, defendant-appellee.

    1917-12-01 | G.R. No. L-11872

    DECISION Appeal by bill of exceptions

    TORRES, J.: IV. Restriction on capacity to act. 1. Minority

    Facts:

    Upon Luis Espiritu's death, his said lands passed by inheritance to his four children including, Margarita,
    and Luis; and that, in the partition of said decedent's estate, the parcel of land described in the complaint
    as containing forty-seven and odd hectares was allotted to the brother and sister Luis and Margarita in
    equal shares.

    Margarita Espiritu had by this husband five children including Domingo, and Josefa, who, at the death of
    their mother in 1896 inherited one-half of the land described in the complaint. However, the plaintiffs'
    mother, sold to her brother Luis a portion of the land now in litigation for P2,000 before she died.

    Then the plaintiffs' petition for the annulment of the sale and for the consequent restitution to them of
    two-fourths of the land left by their mother, that is, of one-fourth of all the land described in the
    complaint, and which, they stated amounts to 11 hectares, 86 ares and 37 centares. They also alleged that
    said Luis Espiritu, by means of cajolery, induced the plaintiffs Domingo and Josefa Mercado to sign a deed
    of sale of the land left by their mother, for the sum of P400 when they were still a minor.

    But the complaint was dismissed and the judge ordered them to keep perpetual silence in regard to the
    litigated land, and to pay the costs of the suit. Hence, this appeal.

    Issue:

    Whether or not the deed of sale contracted by the plaintiff when they were minor was void on the
    ground that they have no legal capacity to act

    Ruling:

    No. The deed of sale is valid. The courts ruled 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 in pursuance of the
    provisions of Law 6, title 19, of the 6th Partida; and the judgment that holds such a sale to be valid and
    absolves the purchaser from the complaint filed against him does not violate the laws relative to the sale
    of minors' property, nor the juridical rules established in consonance therewith. (Decisions of the supreme
    court of Spain, of April 27, 1860, July 11, 1868, and March 1, 1875.)

    For the foregoing reasons, whereby the errors assigned to the judgment appealed from have been
    refuted, and deeming said judgment to be in accordance with law and the evidence of record, we should,
    and do hereby, affirm the same, with the costs against the appellants. So ordered.

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