Facts:
- · On August 3, 1931, a deed of sale was executed by Rufino Alcantara and his sons Damaso Alcantara and Ramon Alcantara conveying to Sia Suan five parcels of land to petitioner Sia Suan
- · On August 27, 1931, Gaw Chiao (husband of Sia Suan) received a letter from Francisco Alfonso, attorney of Ramon Alcantara, informing him that Ramon Alcantara was a minor and accordingly disavowing the contract.
- · After Gaw Chiao responded to the letter, Ramon Alcantara went to the office of Gaw Chiao’s counsel ratifying the sale.
- · Ramon Alcantara received from Gaw Chiao the sum of P500 as payment for the sold parcels of land.
- · On August 8, 1940, an action was instituted by Ramon Alcantara in the Court of First Instance of Laguna for the annulment of the deed of sale on the ground of his minority at the time of sale. Action was denied and Sia Suan, Gaw Chiao, Ramon’s father and brother, Nicolas and Antonio Azores were absolved
- · Ramon brought the case to CA; CFI decision reversed.
- · Sia Suan and Gaw Chiao filed a petition for certiorari to the Supreme Court.
Issue:
· Whether or not Ramon Alcantara’s execution of the deed of sale is valid
despite being a minor at the time of its execution.
Held:
Ramon Alcantara in his
minority may not be allowed to execute the deed of sale but his act of
ratification, the contract was given a binding effect.
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