Mercado v.

Espiritu 069
GR No. 11872, December 1, 1917, Torres, J.
Digested by Chris N Law 108 - Nego
Topic: Defenses against holder (?)

Minors pretended to be adults when they executed a notarial instrument confirming a prior sale.
Now they want to annul the sale, alleging that they were minors when they executed the notarial
deed. SC ruled that minors who pretend to be adults in a sale cannot excuse themselves from the
obligations they contracted, or have them annulled.

FACTS
Margarita Mercado y Espiritu and Luis Espiritu inherited a parcel of land from their
father.
During her lifetime, Margarita, with the authorization of her husband Wenceslao
Mercado [apparently, required before] sold to her brother Luis a portion of the land.
After Margarita had died, her husband Wenceslao as administrator sold and mortgaged
Margaritas interests over the land to Luis to obtain a loan for the expenses of the
maintenance of his children.
Subsequently, after Wenceslao died, the children who are the petitioners here, executed a
notarial instrument where they essentially confirmed the prior sale.
o When the notarial instrument was executed, they allege that they were minors.
Now, the children want to annul the deed of sale and get back their interest in the land.

ISSUES & HOLDING

Are the children allowed to raise the defense of minority to annul the sale? NO.
Because they pretended to be adults.

RATIO
Cannot use minority as own defense.
It cannot be gainsaid that in the notarial instrument, the children stated that they were of
legal age at the time they executed and signed it.
On that account, the sale mentioned in the said notarial deed is perfectly valid.
The sale of real estate, made by minors who pretend to be of legal age, when in fact they
are not, is valid.
They will not be permitted to excuse themselves from the fulfillment of the obligations
contracted by them, or to have them annulled.

DISPOSITIVE
Deed of Sale valid.