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    Mercado and Mercado v. Espiritu

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    iwamawi
    1) In 1894, Margarita Espiritu conveyed 15 cavanes of land to her brother Luis Espiritu in exchange for 2,000 pesos. 2) In 1901, Margarita's widower Wenceslao took out a loan from Luis and pledged 6 additional cavanes as collateral. 3) In 1910, Margarita's children Domingo and Josefa, who were then 18 and 19, executed a document acknowledging the previous land sales to Luis. However, they later contested the document's validity since they were minors at the time of signing. 4) The Court ultimately upheld the land sales, finding that Domingo and Josefa failed to sufficiently prove their

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    Mercado and Mercado v. Espiritu

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    iwamawi
    191 views1 page
    1) In 1894, Margarita Espiritu conveyed 15 cavanes of land to her brother Luis Espiritu in exchange for 2,000 pesos. 2) In 1901, Margarita's widower Wenceslao took out a loan from Luis and pledged 6 additional cavanes as collateral. 3) In 1910, Margarita's children Domingo and Josefa, who were then 18 and 19, executed a document acknowledging the previous land sales to Luis. However, they later contested the document's validity since they were minors at the time of signing. 4) The Court ultimately upheld the land sales, finding that Domingo and Josefa failed to sufficiently prove their

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    ObliCon Digest

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    1) In 1894, Margarita Espiritu conveyed 15 cavanes of land to her brother Luis Espiritu in exchange for 2,000 pesos. 2) In 1901, Margarita's widower Wenceslao took out a loan from Luis and pledged 6 additional cavanes as collateral. 3) In 1910, Margarita's children Domingo and Josefa, who were then 18 and 19, executed a document acknowledging the previous land sales to Luis. However, they later contested the document's validity since they were minors at the time of signing. 4) The Court ultimately upheld the land sales, finding that Domingo and Josefa failed to sufficiently prove their

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    191 views1 page

    Mercado and Mercado v. Espiritu

    Uploaded by

    iwamawi
    1) In 1894, Margarita Espiritu conveyed 15 cavanes of land to her brother Luis Espiritu in exchange for 2,000 pesos. 2) In 1901, Margarita's widower Wenceslao took out a loan from Luis and pledged 6 additional cavanes as collateral. 3) In 1910, Margarita's children Domingo and Josefa, who were then 18 and 19, executed a document acknowledging the previous land sales to Luis. However, they later contested the document's validity since they were minors at the time of signing. 4) The Court ultimately upheld the land sales, finding that Domingo and Josefa failed to sufficiently prove their

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    © All Rights Reserved
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    of 1

    Moreover, they also claims that on 1910, Luis got Domingo a cedula DOMINGO MERCADO and JOSEFA MERCADO,

    ERCADO, plaintiffs-
    which falsely indicated that he was 23 years old appellants vs. JOSE ESPIRITU, administrator of the estate of
    the deceased Luis Espiritu, defendant-appellee
    Issue: WON the agreement was valid despite the fact that the G.R. No. L-11872 December 1, 1917
    petitioners were minors when the it was executed TORRES, J.

    Held: Yes. Facts:


    The Court ruled that the lawful owner of the land was Luis
    Espiritu by virtue of the the title of conveyance of ownership of the On May 25, 1894, Margarita Espiritu with her husbands
    land measuring 15 cavanes, and, in consequence of the contract of approval, conveyed a portion of her 48 hectare paraphernal land
    pledge or mortgage in security for the sum of P600, is likewise in property in Calumpit, Bulacan which covered 15 cavanes of seeds to
    lawful possession of the remainder of the land, or an area containing her brother, Luis Espiritu, in exchange for PhP 2,000.00. It is
    6 cavanes of seed. After the execution of the document Exhibit 3, evidenced on the notarized instrument acknowledged by Wenceslao
    the creditor Luis Espiritu definitely acquired the ownership of said (Exhibit 1). When Margarita Espiritu died in 1987, she left the said
    parcel of 6 cavanes. property to her husband (Wenceslao Espiritu) and their 4 children
    (Domingo, Josefa, Concepcion and Paz).
    Their minority was not proven by sufficient evidence as no
    baptismal certificate was presented or adduced any supplemental On 1901, Wenceslao took out a loan from Luis in the amount
    evidence. The testimony of their witness does not constitute of PhP 375.00 and pledged or mortgaged the adjoining land with an
    sufficient proof. And even though they were really minors when area that covers 6 cavanes of seeds evidence in a private document
    Exhibit 3 document was executed, the sale still remains valid. (Exhibit 2). The loan will be used for his childrens needs. It was later
    increased to PhP 600.00.
    The courts, in their interpretation of the law, have laid
    down the rule that the sale of real estate, made by minors When Wenceslao died, the petitioners with their sisters
    who pretend to be of legal age, when in fact they are not, is Concepcion and Paz declared themselves to be of legal age and in
    valid, and they will not be permitted to excuse themselves possession of the required legal status to contract, executed and
    from the fulfillment of the obligations contracted by them, subscribed with their uncle Luis before a notary, document (Exhibit
    or to have them annulled in pursuance of the provisions of 3) on May 17, 1910. It is an agreement acknowledging the previous
    Law 6, title 19, of the 6th Partida; and the judgment that sale of land made by their parents with Luis in consideration in the
    holds such a sale to be valid and absolves the purchaser amount of PhP 400.00 as an increase of the previous purchase price
    from the complaint filed against him does not violate the of the land.
    laws relative to the sale of minors' property, nor the juridical
    rules established in consonance therewith. But later on, the petitioners are contesting the validity of the
    sale as Domingo and Josefa were minors, only aged 18 and 19
    Moreover, based on the evidence adduced, there was no respectively when they entered into the agreement on May 1910
    indication that Luis employed fraud, deceit, violence, or intimidation, (21 was the age of majority that time). They were also assailing that
    in order to effect the sale mentioned in the document Exhibit 3, Luis cajoled and fraudulently induced them to sign the deed of sale.
    executed on May 17, 1910.

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