Mercado v.

Espiritu
G.R. No. L-11872 – December 1, 1917
First Division
Ponente: Torres, J.

Article/s invoked
Art. 38, New Civil Code. Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil
interdiction are mere restrictions on 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.

Case Summary
Petitioners presented themselves to be of legal age during the perfection of the deed of sale for the land they
inherited from their mother. They sought for the contract’s annulment by appealing to the court that they were
minors at that time.

FACTS OF THE CASE

 September 22, 1914 – Judge of Seventh Judicial District dismissed the complaint filed by the plaintiffs,
ordered them to perpetual silence regarding the litigated land, and to pay the costs of the suit.
 Complaint from April 9, 1913 was amended as original respondent Luis Espiritu died, directing it to
Jose Espiritu, the assigned administrator of the estate,
 Plaintiffs alleged that they (Domingo and Josefa) and their sisters (all surnamed Mercado) were the
children and sole heirs of Margarita Espiritu, sister of the deceased Luis Espiritu; that Margarita died
in 1897 leaving 48 hectares of land in the barrio of Panducut, Calumpit, Bulacan.
 Plaintiffs claimed that in 1910, Luis Espiritu succeeded through cajolery, in getting them to sign a deed
of sale amounting P400 divided among the Mercado siblings despite the property being assessed to be
worth P3,795.
 Defendant denied the allegations. He alleged that:
o The land only had 21 cavanes of seed rice as opposed to the plaintiffs’ claim of 180 cavanes.
o On May 25, 1894, Margarita, with her husband Wenceslao’s authorization, sold to him a
portion of land as is usually required for 15 cavanes of seed, for a sum of P2,000.
o On May 14, 1901, Wenceslao as administrator to his children’s property, sold the remaining
lot covered by six cavanes of seed to Luis Espiritu under pacto de retro at P375.
o Wenceslao successively borrowed from Luis Espiritu totaling P600.
 May 17, 1910 – plaintiffs alleging to be of legal age, with their sisters, executed the notarial instrument
ratifying the sale under pacto de retro of the land that was once their mother’s; effected by Wenceslao
in favor of Luis Espiritu for P2,600.
ISSUE/S & RATIO/S
1) W/N a deed of sale is valid when minors presented themselves to be of legal age
YES
 The courts have declared the rule that sales of real estate by minors who pretend to be of legal age are
valid. Moreover, they will not be allowed to excuse themselves from the obligations they contracted,
nor to have them annulled in pursuance of Law 6, title 19, of the 6th Partida.
RULING
Judgement appealed from AFFIRMED with the costs against the appellants.