Title
Mercado vs. Espiritu
Case
G.R. No. L-11872
Decision Date
Dec 1, 1917
Plaintiffs, claiming minority and fraud, sought to annul a 1910 land sale to their uncle. Court ruled sale valid, citing estoppel due to plaintiffs' false representation of legal age and lack of fraud evidence.

Case Summary (G.R. No. L-11872)

Procedural History

• April 9, 1913 – Petitioners sued in the Court of First Instance, Bulacan, seeking annulment of a May 17, 1910 deed (Exh. 3) and recovery of their shares plus rents.
• September 22, 1914 – Trial court dismissed the complaint, instructed petitioners to keep perpetual silence and taxed costs against them.
• Petitioners filed bills of exceptions; Supreme Court of the Philippines granted review on appeal.

Factual Background

• Margarita Espíritu (d. 1897) owned 48 ha in Panducot by inheritance from her father. In partition of her brother Luis’s estate, half fell to Margarita; her heirs (the Mercados) inherited one-half.
• May 25, 1894 – Margarita sold ~15 cavanes of seed-rice land to Luis for ₱2,000 (notarial instrument lost in the Revolution).
• May 14 and 20, 1901 – Wenceslao Mercado (Margarita’s widower and petitioners’ father) mortgaged or sold under pacto de retro ~6 cavanes to Luis for ₱375, later increased by loans to ₱600; confirmed in a notarial instrument (Exh. 1).
• 1901–1910 – Luis occupied and cultivated the entire 21 cavanes.
• May 17, 1910 – Petitioners and sisters, declaring themselves of legal age, executed a notarial deed (Exh. 3) ratifying prior transactions and conveying the full 21 cavanes to Luis for an “increase” of ₱400.

Claims and Relief Sought

Petitioners alleged:

  1. They were minors (ages 19 and 18) in May 1910 and lacked capacity; the sale is voidable.
  2. Luis used cajolery and fraud in procuring their signatures.
    They sought annulment of Exh. 3, restitution of their hereditary land share, payment of uncollected produce (₱450 / yr.), and costs.

Defendant’s Response and Cross-Complaint

• Denied all allegations; asserted land area was only 21 cavanes and prior valid transfers.
• Cross-complaint alleged malicious suit causing ₱1,000 damages and asked that petitioners keep perpetual silence and pay damages plus costs.
• Petitioners answered, denying special defense and asserting the four-year period to annul for minority had not expired by the time they reached majority.

Central Legal Issues

  1. Were petitioners minors on May 17, 1910, and thus incapable of validly contracting?
  2. If minors, does their false representation of majority and near attainment thereof preclude annulment?
  3. Was there actionable fraud, violence, or intimidation vitiating Exh. 3?

Evidence on Plaintiffs’ Minority

• Original baptismal registers lost; petitioners offered a family copybook (Exh. A) showing births: Domingo 4 Aug 1890, Josefa 14 Jul 1891.
• Personal registration certificate (Exh. C) for Domingo in 1914 recorded age 23 in 1910.
• Testimony: deed Exh. 3 was read, translated into Pampangan, and signed after assurance of legal age. No contemporaneous challenge to age statements.

Analysis on Capacity and Estoppel

• Petitioners failed to produce certified baptismal records or other indisputable proof of minority.
• Even if under 21, they expressly represented majority in Exh. 3.
• Under Spanish law (Partidas; Civ. Code) and Spanish Supreme Court precedents, a minor who deceitfully asserts majority and induces the other party to rely thereon is estopped from disaffirming the contract.
• No credible evidence of fraud, coercion, or intimidation by Luis exists.

Validation of Prior






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