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Mercado vs.

Espiritu; 37 Phil 215


Facts:
The plaintiffs alleged that they and their sisters Concepcion and
Paz, all surnamed Mercado, were the children and sole heirs of
Margarita Espiritu, a sister of the deceased Luis Espiritu; that
Margarita Espiritu died in 1897, leaving as her paraphernal
property a tract of land of 48 hectares. The defendant (Luis
Espiritu) was accused to have induced, and fraudulently
succeeded in getting the plaintiffs to sell their land for a sum of
P400 as opposed to its original value. The annulment of a deed
of sale was sought by the plaintiffs. They asserted that two of the
four parties were minors. These two minors (Domingo & Josefa
Mercado) presented themselves to be of legal age upon signing it
and they made a manifestation in front of the notary public.
Issue:
Whether or not the deed of sale is valid when the minors
presented themselves that they were of legal age.
Held:
The courts have laid down the rule that the sale of real estate,
made by minors who pretend to be of legal age, when in fact they
are not, is valid, and they will not be permitted to excuse
themselves from the fulfillment of the obligations contracted by
them, or to have them annulled.

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