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Francisco v. Herrera
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G.R. No. 139982, 21 November 2002

 Articles FACTS:

 Case Digests Eligio Herrera, Sr., father of respondent Pastor Herrera, owned two
parcels of land consisting of 500 sq. m. and 451 sq. m. located at
 Chapter News
Cainta, Rizal. The two parcels of land were sold at 1M and 750k to

the petitioner.
 Uncategorized

Pastor, contending that the contract price for the two parcels of land
was grossly inadequate tried to negotiate with petitioner to increase
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the purchase price. When petitioner refused, respondent then filed a

complaint for annulment of sale. Pastor alleged that the contract of

 CMS Logging
Inc. v. Court of sale was null and void on the ground that Eligio, Sr., at that time, was

Appeals already afflicted with senile dementia. Petitioner, on the other hand,

contended that respondent had effectively ratified both contracts of

 Lim v. Saban sales, by receiving the consideration offered in each transaction.

 Eurotech RTC ruled that the contract of sale is null and void. CA affirmed,

Industrial hence, this petition.

Technologies,
ISSUE:Whether the assailed contracts of sale void or merely voidable
Inc. v. Cuizon
and hence capable of being ratified?

 RULING:
 Manila Remnant
Co., Inc. v. Court
In the present case, vendor Eligio, Sr. entered into an agreement with
of Appeals
petitioner, but that the former’s capacity to consent was vitiated by
senile dementia. Hence, it was ruled that the assailed contracts are
 Bedia v. White
not void or inexistent per se; rather, these are contracts that are valid

and binding unless annulled through a proper action filed in court.

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An annullable contract may be rendered perfectly valid by ratification,

which can be express or implied. Implied ratification may take the

 Marjorie
form of accepting and retaining the benefits of a contract. As in this
Mejorada-
case, respondent negotiated for the increase of the purchase price
Cuenco on 13
while receiving the installment payments from the petitioner. Clearly,
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respondent was agreeable to the contract. Further, there is no
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showing that respondent returned the payments or made an offer to
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do so. This bolsters the view that indeed there was ratification.

 Prescription on
Therefore, the two contracts of sale is declared valid.
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* Case digest by  Kristine Camille Gahuman, LLB-1, Andres Bonifacio Law
outreach in Jose
School, SY 2017-2018
Dalman

By jurist | May 15th, 2018 | Case Digests | 0 Comments

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