Quick News

Loading...

WELCOME

blog update: if you can't find it here, email ulandi.law@gmail.com . maybe i can find it for you in my repository. thanks. Visit me also @ Google+

6.23.2009

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.