Saturday, March 22, 2014

Mercado v. Espiritu, 37 Phil 215

FACTS: Margarita Espiritu died leaving a 48-hectare land. The plaintiffs alleged that they are the children and heirs of Margarita and that defendant Luis Espiritu, brother of Margarita, induced and fraudulently succeeded in getting the plaintiffs to sell their land for a sum of P400 as opposed to its original value. Hence, the plaintiffs sought to annul the deed of sale and asserted that 2 of the 4 parties were minors. These two minors presented themselves to be of legal age upon signing it and made a manifestation in front of notary public.

ISSUE: W/N the deed of sale is valid when the minors presented themselves to be of legal age


HELD: The contract is valid. They will not be permitted to excuse themselves from the fulfillment if the obligations contracted by them.

No comments:

Post a Comment