Domingo Mercado et al vs Jose

Espiritu
37 Phil 215 – Civil Law – Obligations and Contracts – Parties to a Contract – Liability of a
Minor
Margarita Espiritu was the owner of a 48 hectare land. In 1897, she died and the land was
left to her husband (Wenceslao Mercado) and her children, Domingo Mercado, Josefa
Mercado and 3 other siblings.
Apparently however, during the lifetime of Margarita in 1894, she executed a deed of sale
transferring about 71% of her land (covering 15 cavanes of seeds) to her brother Luis
Espiritu (father of Jose Espiritu) for P2,000.00. After her death, Wenceslao had a hard time
making ends meet for his family and so he took out a loan from Luis in the amount of
P375.00. The loan was secured by the remainder of the lot. Later, that loan was increased
to P600.00.
In May 1910, Luis entered into a notarized agreement with Domingo and Josefa whereby
the two, while purporting to be of legal age, acknowledged the sale and the loan previously
entered into by their parents with Luis. In the same agreement, the siblings agreed that for
and in consideration of the amount of P400.00, they are transferring the remainder 29%
(covering 6 cavanes of seeds) to Luis.
But later, the siblings contested the said agreement. Luis later died and he was substituted
by Jose. It is the contention of Domingo et al that the agreement is void because they were
only minors, 19 and 18 years of age respectively, when the contract was entered into in May
1910 (21 being the age of minority at that time).
ISSUE: Whether or not the agreement between Luis and Domingo et al in May 1910 is valid
despite the minority of the latter party.
HELD: Yes. In the first place, their minority of Domingo and Josefa was not proven with
certainty because of the loss of official records (got burned down). However, even assuming
that they were indeed minors, they are bound by their declaration in the notarized document
where they presented themselves to be of legal age. Domingo claimed he was 23 years old
in the said document. The Supreme Court declared: 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.
Further, there was no showing that the said notarized document was attended by any
violence, intimidation, fraud, or deceit.