Bambalan v Maramba

TOPIC: III. PERSONS & PERSONALITY ; C. Restrictions on civil capacity; 5. Contracts

G.R. No. L-27710

January 30, 1928

ISIDRO BAMBALAN Y PRADO, plaintiff-appellant, plaintiff-appellant , v. GERMAN MARAMBA and GENOVEVA MUERONG, MUERONG , defendants-appellants.

Facts: 

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In 1915 Isidro Bambalan’s parents namely Paula Prado and Isidro Bambalan Y Calcotura got a loan from German Maramba and Genoveva Muerong In 1922 Isidro Bambalan’s dad, Calcotura died thus he turned into batman. Joke, he was left as the sole heir of their estate. NOTE: that Isidro Bambalan was a minor. So apparently Muerong and Maramba demanded for the payment of the loan that was given on 1915 thus they forced Bambalan to sell their land as payment. NOTE: that Isidro didn‘t try to conceal his age; the defendants knew that Isidro was a minor. Muerong and Maramba threatened Bambalan by telling him that his his mother will be imprisoned if he did not pay the loan or if he did not sell the land. Thus bambalan signed but but it was thru force because of fear of his his mother’s imprisonment. Muerong and Maramba bought Bambalan’s first cedula; cedula ; this was to have the document of the sale acknowledged. It was also said that the land that Bambalan owned wasn‘t registered in the Register of Deeds. As provided in section 50 of Act. 496, the sale of the land can’t be executed without registration to the Register of Deeds.

Issues: 

WON the sale of the land to Maramba and and Muerong was was valid.

Ruling:  

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Nope. He’s a minor. LOLOLOLOLOL The sale of the land is void beacaue: Isidro is incapacitated to enter into such contracts (Minor) o The land wasn‘t even registered in the Register of Deeds. (Section 50 of Act.496) o The doctrine in Mercado v Espiritu cannot be applicable because Bambalan did not pretend to be of age. Also, the defendants knew he was a minor from the get go.

Doctrines: Civil Code, Article 38. Minority, insanity or imbecility, the state of being a deaf-mute. deaf-mute. Prodigality and Civilo interdiction are mere restrictions on the capacity to act, and do not exempt the 

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incapacitated person from certain obligations, as when the latter arise from his acts or from the property relations, such as easements. Civil Code, Article 1327. The following cannot give consent to a contract: o Unemancipated minors. Insane or demented persons and deaf-mutes who do not know their rights. (1263a) Civil Code, Article 1390. The following contracts are voidable or annullable, even though there may have been no o damage to the contracting parties: Those where on of the parties is incapable of giving consent to a contract. Those where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud.  

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