Saturday, March 22, 2014

Bambalan v. Maramba, 51 Phil 417

FACTS: Bambalan’s parents received a loan from marimba. When the father died, Bambalan was left as the sole heir of his father’s estate. Maramba forced Bambalan, who was at that time a minor, to sell their land as payment for the loan. Bambalan signed because he was forced to do so because they were threatening his mother with imprisonment. Muerang and Maramba bought Bambalan’s 1st cedula to acknowledge the document

ISSUE: W/N the sale of land to Maramba was valid
HELD: The sale was void because he was a minor at the time of the execution. Doctrine of Mercado vs Espiritu is not applicable because the plaintiff did not pretend to be of age, and the defendant knew him as a minor.

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