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    Mercado vs. Espiritu (Digest)

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    Tini Guanio
    Margarita Espiritu owned 48 hectares of land that was inherited by her husband and children after her death in 1897. However, in 1894 she had sold 71% of the land to her brother Luis Espiritu. Her husband later took loans from Luis secured by the remaining 29% of the land. In 1910, Margarita's children Domingo and Josefa, purportedly of legal age, acknowledged the previous transactions and agreements in a notarized document, selling the remaining 29% of land to Luis. Later, Domingo and Josefa contested the agreement, arguing they were minors at the time. The court upheld the agreement, finding no proof of their claimed minority and that they presented

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    Mercado vs. Espiritu (Digest)

    Uploaded by

    Tini Guanio
    153 views1 page
    Margarita Espiritu owned 48 hectares of land that was inherited by her husband and children after her death in 1897. However, in 1894 she had sold 71% of the land to her brother Luis Espiritu. Her husband later took loans from Luis secured by the remaining 29% of the land. In 1910, Margarita's children Domingo and Josefa, purportedly of legal age, acknowledged the previous transactions and agreements in a notarized document, selling the remaining 29% of land to Luis. Later, Domingo and Josefa contested the agreement, arguing they were minors at the time. The court upheld the agreement, finding no proof of their claimed minority and that they presented

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    Mercado vs. Espiritu (digest)

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    Margarita Espiritu owned 48 hectares of land that was inherited by her husband and children after her death in 1897. However, in 1894 she had sold 71% of the land to her brother Luis Espiritu. Her husband later took loans from Luis secured by the remaining 29% of the land. In 1910, Margarita's children Domingo and Josefa, purportedly of legal age, acknowledged the previous transactions and agreements in a notarized document, selling the remaining 29% of land to Luis. Later, Domingo and Josefa contested the agreement, arguing they were minors at the time. The court upheld the agreement, finding no proof of their claimed minority and that they presented

    Copyright:

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

    Mercado vs. Espiritu (Digest)

    Uploaded by

    Tini Guanio
    Margarita Espiritu owned 48 hectares of land that was inherited by her husband and children after her death in 1897. However, in 1894 she had sold 71% of the land to her brother Luis Espiritu. Her husband later took loans from Luis secured by the remaining 29% of the land. In 1910, Margarita's children Domingo and Josefa, purportedly of legal age, acknowledged the previous transactions and agreements in a notarized document, selling the remaining 29% of land to Luis. Later, Domingo and Josefa contested the agreement, arguing they were minors at the time. The court upheld the agreement, finding no proof of their claimed minority and that they presented

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    MERCADO vs.

    ESPIRITU
    GR No. 11872 – December 1, 1917
    Torres

    SUBJECT: Minority

    FACTS:
     Margarita Espiritu was the owner of a 48 hectare land. In 1897, she died and the land was
    left to her husband (Wenceslao Mercado) and her children, Domingo Mercado, Josefa
    Mercado and 3 other siblings.
     Apparently however, during the lifetime of Margarita in 1894, she executed a deed of
    sale transferring about 71% of her land (covering 15 cavanes of seeds) to her brother Luis
    Espiritu (father of Jose Espiritu) for P2,000.00. After her death, Wenceslao had a hard
    time making ends meet for his family and so he took out a loan from Luis in the amount
    of P375.00. The loan was secured by the remainder of the lot. Later, that loan was
    increased to P600.00.
     In May 1910, Luis entered into a notarized agreement with Domingo and Josefa whereby
    the two, while purporting to be of legal age, acknowledged the sale and the loan
    previously entered into by their parents with Luis. In the same agreement, the siblings
    agreed that for and in consideration of the amount of P400.00, they are transferring the
    remainder 29% (covering 6 cavanes of seeds) to Luis.
     But later, the siblings contested the said agreement. Luis later died and he was substituted
    by Jose. It is the contention of Domingo et al that the agreement is void because they
    were only minors, 19 and 18 years of age respectively, when the contract was entered
    into in May 1910 (21 being the age of minority at that time).

    ISSUE: Whether or not the agreement between Luis and Domingo et al in May 1910 is valid
    despite the minority of the latter party.

    HELD: YES!
    Yes. In the first place, their minority of Domingo and Josefa was not proven with certainty
    because of the loss of official records (got burned down). However, even assuming that they
    were indeed minors, they are bound by their declaration in the notarized document where they
    presented themselves to be of legal age. Domingo claimed he was 23 years old in the said
    document. The Supreme Court declared: 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
    in pursuance of the provisions of Law.

    Further, there was no showing that the said notarized document was attended by any violence,
    intimidation, fraud, or deceit.

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