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)

Factual background and title history

The disputed property originated in title acquired by Lucas Espiritu in 1891 and later devolved among his descendants. In the partition, a large parcel was allotted to siblings Luis and Margarita Espiritu in equal shares. Margarita, married to Wenceslao Mercado, had five children (including the plaintiffs) who, by succession on Margarita’s death, inherited one-half of Margarita’s share. The plaintiffs claimed entitlement to a specific hereditary portion (two-fourths of Margarita’s half, i.e., one-fourth of the whole parcel), which they quantified in hectares.

Prior transactions affecting the land (1894–1901)

Documentary evidence admitted at trial showed that on May 25, 1894 Margarita conveyed by sale to her brother Luis a portion of the land (described as approximately 15 cavanes of seed). Later, Wenceslao, acting for himself and his children, executed a notarial instrument of May 20, 1901 (Exhibit 1) acknowledging the earlier sale and ratifying facts concerning the loss of the original documents (protocols having been burned during the revolution). On May 14, 1901, Wenceslao also pledged or mortgaged an additional parcel (about 6 cavanes of seed) to Luis (Exhibit 2) to raise funds, the record showing sums borrowed aggregating P600.

The 1910 instrument (Exhibit 3) and plaintiffs’ challenge

On May 17, 1910 the plaintiffs (Domingo, Josefa and their sisters) executed a notarial deed (Exhibit 3) which acknowledged the prior sale and pledge transactions and purported to sell absolutely and in perpetuity to Luis the parcel described as equal to that sown by 21 cavanes of seed, in consideration of an “increase” of P400. The plaintiffs sought annulment of Exhibit 3 on the grounds (1) they were minors on the date of execution and thus lacked legal capacity to sell, and (2) the deed was procured by deceit/fraud.

Defendant’s position and cross-complaint

The defendant (administrator) denied the plaintiffs’ allegations, asserted that the land involved comprised only about 21 cavanes (and not the larger acreage alleged by plaintiffs), and maintained the validity of the prior transfer documents. He pleaded that the May 17, 1910 deed ratified and confirmed the prior sale and mortgage and that Luis (and now his estate) was lawfully in possession. He cross-complained for malicious prosecution, asserted damages, and sought a judgment requiring the plaintiffs to keep perpetual silence.

Evidence on age, credibility, and lost records

The plaintiffs relied on family testimony and a copybook (Exhibit A) purportedly showing birth dates (Domingo: August 4, 1890; Josefa: July 14, 1891) and their contention that they were minors on May 17, 1910 (ages alleged as 19 and 18). The parish baptismal records for 1890–1891 were destroyed; a personal registration certificate (cedula) for Domingo showing age 23 in 1914 (Exhibit C) and another cedula (Exhibit B) were in the record, but the plaintiffs did not produce certified baptismal copies or other conclusive proof of minority. The notary before whom Exhibit 3 was drawn testified that the grantors represented themselves to be of legal age and that the deed was read and translated before signature. Other witnesses corroborated that Luis had been in actual possession and that cultivation and administration were directed by him over many years.

Legal and evidentiary findings on the prior documents

The Court treated Exhibit 1 (the 1901 notarial instrument reflecting the 1894 sale) as a public document with probative force under Civil Code art. 1218, and found it reliable—particularly because Wenceslao (the plaintiffs’ father) had executed it and thereby corroborated the prior sale of the 15-cavane parcel. Exhibit 2 (the 1901 pledge/mortgage for the 6-cavane portion) likewise was not successfully impeached and formed part of the chain of title and transactions acknowledged by Exhibit 3. The Court thus found that, by virtue of the 1894 sale and the 1901 pledge/mortgage, Luis had maintained possession and titles by legal instruments covering the total 21 cavanes.

Capacity, estoppel, and the Court’s legal reasoning

The decision addressed two central legal questions posed by the plaintiffs: (1) whether they were minors on May 17, 1910, and (2) if they were minors who represented themselves as of legal age, whether they could annul the sale within the statutory period. The Court observed that the plaintiffs failed to present conclusive proof of minority (baptismal certificates were missing and the copybook was insufficient). Moreover, Exhibit 3 contained express statements by the plaintiffs declaring they were of legal age when they executed it. The Court invoked established doctrinal authority (including the Partidas and Spanish Supreme Court precedents cited) that sales of real estate by persons who falsely represent themselves as of legal age may be upheld where the other party has good reason to believe the grantor was of age. Applying that doctrine and the facts, the Court concluded that Exhibit 3 was binding at least insofar as it acknowledged prior valid transactions and that the plaintiffs could not nullify rights already vested in the purchaser without adequate proof of incapacity or of fraud.

Application to the specific claims: fraud, redemption, and compensation

On the fraud claim, the Court found no evidence of deceit, violence, or intimidation by Luis in procuring signatures to Exhibit 3; the notary’s testimony and the surrounding facts did not support a finding of undue influence or fraud. On the pa

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