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    1 Mercado V Espiritu

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    cassandra lee
    The case involved a contract for the sale of land that Domingo and Josefa Mercado inherited from their deceased mother to Jose Espiritu's father Luis Espiritu. Domingo and Josefa sought to annul the contract by asserting they were minors at the time of the sale. However, the court ruled the contract was valid because Domingo and Josefa had presented themselves as being of legal age when the contract was entered into. The court held that a party cannot falsify a representation they made that led another party to act upon that representation. Furthermore, a sale of real estate by a minor who presents themselves as being of legal age is considered valid and they cannot later use their minority to invalidate the

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    1 Mercado V Espiritu

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    cassandra lee
    47 views1 page
    The case involved a contract for the sale of land that Domingo and Josefa Mercado inherited from their deceased mother to Jose Espiritu's father Luis Espiritu. Domingo and Josefa sought to annul the contract by asserting they were minors at the time of the sale. However, the court ruled the contract was valid because Domingo and Josefa had presented themselves as being of legal age when the contract was entered into. The court held that a party cannot falsify a representation they made that led another party to act upon that representation. Furthermore, a sale of real estate by a minor who presents themselves as being of legal age is considered valid and they cannot later use their minority to invalidate the

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    1-Mercado-v-Espiritu.docx

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    The case involved a contract for the sale of land that Domingo and Josefa Mercado inherited from their deceased mother to Jose Espiritu's father Luis Espiritu. Domingo and Josefa sought to annul the contract by asserting they were minors at the time of the sale. However, the court ruled the contract was valid because Domingo and Josefa had presented themselves as being of legal age when the contract was entered into. The court held that a party cannot falsify a representation they made that led another party to act upon that representation. Furthermore, a sale of real estate by a minor who presents themselves as being of legal age is considered valid and they cannot later use their minority to invalidate the

    Copyright:

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

    1 Mercado V Espiritu

    Uploaded by

    cassandra lee
    The case involved a contract for the sale of land that Domingo and Josefa Mercado inherited from their deceased mother to Jose Espiritu's father Luis Espiritu. Domingo and Josefa sought to annul the contract by asserting they were minors at the time of the sale. However, the court ruled the contract was valid because Domingo and Josefa had presented themselves as being of legal age when the contract was entered into. The court held that a party cannot falsify a representation they made that led another party to act upon that representation. Furthermore, a sale of real estate by a minor who presents themselves as being of legal age is considered valid and they cannot later use their minority to invalidate the

    Copyright:

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

    G.R. No.

    L-11872       December 1, 1917

    DOMINGO MERCADO and JOSEFA MERCADO, plaintiffs-appellants,


    vs.
    JOSE ESPIRITU, administrator of the estate of the deceased Luis Espiritu, defendant-
    appellee.

    FACTS:
    The case was about the contract made by Luis Espiritu (father of Jose Espiritu, the defendant)
    and the heirs of his sister Margarita Mercado; Domingo and Josepha Mercado, who pretended to
    be of legal age to give their consent into the contract of sale of the land they inherited from their
    deceased mother Margarita Mercado (sister of Luis Mercado). The siblings Domingo et. al.,
    sought for the annulment of contract asserting that Domingo and Josepha were minors during the
    perfection of contract.

    ISSUE:
    Whether or not the deed of sale is valid, when the minors presented themselves of legal age, at
    the time of the perfection of the contract.

    RULING:
    The court declared that the contract of sale was VALID, even if it were made and entered into by
    minors, who pretended to be of legal age.

    Whenever a party has, by its own declaration, act or omission, intentionally and deliberately led
    another party to believe a particular thing to be true, and to act upon such belief, he cannot, in
    any litigation arising out of such declaration, cannot be permitted to falsify it. Furthermore, the
    sale of real estate made by a minor who pretend to be of legal age, when in fact he is not, is
    VALID, and he will not be permitted to excuse himself from the fulfillment of the obligations
    contracted by him or to have it annulled. The judgment that holds such sale to be valid and
    absolves the purchaser from the complaint filed against him does not violate the laws relative to
    the sale of minor’s property, nor the judicial rules established in consonance therewith.

    In the given case, annulment of the sale cannot be invoked on the ground of minority, since at the
    time of the perfection of the contract; Domingo and Josefa presented themselves to be of legal
    age.

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