FACTS: Rosario
Braganza and her sons loaned from De Villa Abrille P70,000 in Japanese war
notes. They promised in writing to pay him P10,000 + 2% per annum in legal
currency of the Philippines in 2 years after cessation of war. Because they
haven’t paid, Abrille sued them. CFI Manila and CA held that they shall be
liable to pay according to the contract they signed. Braganza petitioned to
review the decision of CA whereby they were ordered to pay Abrille P10,000 + 2%
interest, praying for consideration of the minority of her sons when they
signed the contract.
ISSUE: W/N the sons
who were 16 and 18 are bound by the contract of loan which they have signed
HELD: SC found Rosario
will still be liable to pay her share in contract because the minority of her
sons does not release her from liability. She ordered to pay 1/3 of P10,000 +
2% interest. Minority is a personal defense to the children. In order to hold a
minor liable to the contract, the fraud must be actual and not constructive.
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