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APPELANT: Isidro Bambalan Y Prado

APPELEE: German Maramba and Genoveva Muerong

DECIDED: January 30, 1928

DECISION: Dispositive part of judgment affirmed

OPINON: J. Street


Bambalan’s parents Paula Prado and her first husband, Isidro Bambalan Y Calcotura received a loan from Genoveva Muerong and
German Maramba in 1915.

Calcotura died leaving Bambalan as the sole heir of his estate.

In 1922, Muerong and Maramba forced Bambalan, who was at that time, a minor, to sell their land as payment for the loan.

Bambalan signed, but said that he was forced because they were threatening his mother with imprisonment.

Muerong and Maramba bought Bambalan’s first cedula to acknowledge the document.

Important Statutes:

Civil code, Art. 1327.

The following cannot give consent to a contract:

(1) Unemancipated minors;
(2) Insane or demented persons, and deaf-mutes who do not know how to write. (1263a)

Civil code, Art. 1390.

The following contracts are voidable or annullable, even though there may have been no damage to the contracting parties:

(1) Those where one of the parties is incapable of giving consent to a contract;
(2) Those where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud.


1. Whether or not Bambalan sold the land to Maramaba and Muerong

Court Analysis:

1. Whether or not Bambalan sold the land to Maramaba and Muerong

i. Contract has been vitiated to the extent of being void because:
1. The vendor was a minor.
2. His age was well known to the purchaser. (Maramba bought plaintiff’s ceedula)
3. Mercado vs Espiritu CANNOT be applied: Plaintiff did not pretend to be of age.