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Mercado and Mercado vs. Espiritu G.R. No. L-11872, Dec 1, 1917
Mercado and Mercado vs. Espiritu G.R. No. L-11872, Dec 1, 1917
Facts:
April 9, 1913 counsel for Domingo and Josefa Mercado brought suit in the Court of First
Since Luis Espiritu died, the complaint was amended and was filed against Jose Espiritu.
The plaintiffs alleged that they and their sisters Concepcion and Paz Mercado were the
children and sole heirs of Margarita Espiritu, who is the sister of the deceased Luis
Espiritu.
Margarita Espiritu died in 1897, leaving a tract of land of 48 hectares in area as her
1910, Luis Espiritu was accused to have induced and fraudulently succeeded in getting
the plaintiffs to sell their land for a sum of P400 as opposed to its assessed value of
P3,795.
They asserted that two of the four parties were minors (Domingo and
Josefa Mercado);
Who presented themselves to be of legal age upon signing the deed of sale
and before the notary public.
Issue: Whether or not the deed of sale is a valid contract when the minors presented themselves
that they were of legal age
Ruling:
Yes. The courts have laid down the rule that the sale of a real estate, made by minors who
presented themselves to be of legal age, when in fact they are not, is a valid contract. Moreover,
they will not be permitted to excuse themselves from the fulfilment of the obligations contracted
by them, or to seek for annulment.
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7/15/2019 Mercado and Mercado v Espiritu
Ratio:
The courts have laid down that such sale of real estate was still valid since it was executed by
minors, who have passed the ages of puberty and adolescence, and are near adulthood, and that
the minors pretended that they had already reached the age of majority.
Also, these minors cannot be permitted afterwards to excuse themselves from compliance with
the obligation assumed by them or seek their annulment. This is in accordance with the
provisions of the law on estoppels.
relying thereon.
Rule 123, sec 68, Par. A. “ Whenever a party has, by his own declaration, act or omission,
intentionally and deliberately led another to believe a particular thing to be true, and to
act upon such belief, he cannot, in any litigation arising out of such declaration, act or
omission, cannot be permitted to falsify it”.
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