Minority

Bambalan v. Maramba
51 Phil 417

BAMBALAN v MARAMBA
FACTS: 
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.

ISSUE:
Whether sale of the land to Maramaba and Muerong is valid.

RATIO:
The sale is void as to the plaintiff, because he was a minor at the time of execution. The
Doctrine laid down in the case of Mercado vs. Espiritu is not applicable to this case,
because the plaintiff did not pretend to be of age, and the defendant knew him as a minor.

Important Statutes:

Civil Code, Article 38.

Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil-
interdiction are mere restrictions on the capacity to act, and do not exempt the
incapacitated person from certain obligations, as when the latter arise from his acts or
from property relations, such as easements.

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)

Minority

Bambalan v. Maramba
51 Phil 417
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.

Facts:

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.

Issue:

Whether sale of the land to Maramaba and Muerong is valid.

Ratio:

The sale is void as to the plaintiff, because he was a minor at the time of execution. The
Doctrine laid down in the case of Mercado vs. Espiritu is not applicable to this case,
because the plaintiff did not pretend to be of age, and the defendant knew him as a minor.

Important Statutes:

Civil Code, Article 38.

Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil-
interdiction are mere restrictions on the capacity to act, and do not exempt the
incapacitated person from certain obligations, as when the latter arise from his acts or

Minority

Bambalan v. Maramba
51 Phil 417
from property relations, such as easements.

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.

Minority

Bambalan v. Maramba
51 Phil 417