You are on page 1of 1

Case Name ISIDRO BAMBALAN Y PRADO, plaintiff-appellant,

vs.
GERMAN MARAMBA and GENOVEVA MUERONG, defendants-appellants.
Case No. G.R. No. L-27710
Date of Promulgation August 27, 1969
Ponente ROMUALDEZ, J.
Topic Restrictions on capacity to act: Minority

NATURE OF THE ACTION

SC: appeal from the decision declaring signed by Isidro Bambalan as void due to the reason that
he, at the time that he signed it, was a minor.

ISSUES

WoN the sale of the land to the defendants were valid

RELEVANT FACTS OF ISSUE

In 1915 Isidro Bambalans parents namely Paula Prado and Isidro Bambalan Y Calcotura got a
loan from German Maramba and Genoveva Muerong
In 1922 Isidro Bambalan y Calcotura died leaving Bambalan as the sole heir of his estate.
Muerong and Maramba demanded for the payment of the loan that was given on 1915 and
forced Bambalan, who was at that time, a minor, to sell their land as payment.
Muerong and Maramba threatened Bambalan by telling him that his mother will be imprisoned
if he did not pay the loan or if he did not sell the land.
Bambalan signed, but said that he was forced because they were threatening his mother with
imprisonment. Muerong and Maramba bought Bambalans first cedula to acknowledge the
document.
It was also said that the land that Bambalan owned wasnt registered in the Register of Deeds.
As provided in section 50 of Act. 496, the sale of the land cant be executed without registration
to the Register of Deeds.

RATIO DECIDENDI

ISSUE RATIO
WoN the sale of the land NO.
to the defendants were
valid The sale is void as to the plaintiff, because he was a minor at the time of
execution. The Doctrine laid down in the case of Mercado vs. Espiritu is
not applicable to this case, because the plaintiff did not pretend to be of
age, and the defendant knew him as a minor.

RULING
In view of the foregoing, the dispositive part of the decision appealed from is hereby affirmed, without
any express findings as to the costs in this instance. So ordered.

You might also like