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    Bambalan V Maramba and Muerong

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    Sui
    Bambalan's parents received a loan from Muerong and Maramba in 1915. In 1922, while Bambalan was still a minor, Muerong and Maramba forced him to sell his land that he inherited as payment for the loan by threatening his mother with imprisonment. The court found the contract for the land sale to be void because Bambalan was a minor at the time and his age was known by the purchasers, Muerong and Maramba.

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    Attribution Non-Commercial (BY-NC)
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    Bambalan V Maramba and Muerong

    Uploaded by

    Sui
    243 views1 page
    Bambalan's parents received a loan from Muerong and Maramba in 1915. In 1922, while Bambalan was still a minor, Muerong and Maramba forced him to sell his land that he inherited as payment for the loan by threatening his mother with imprisonment. The court found the contract for the land sale to be void because Bambalan was a minor at the time and his age was known by the purchasers, Muerong and Maramba.

    Original Title

    Bambalan v Maramba and Muerong

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    Bambalan's parents received a loan from Muerong and Maramba in 1915. In 1922, while Bambalan was still a minor, Muerong and Maramba forced him to sell his land that he inherited as payment for the loan by threatening his mother with imprisonment. The court found the contract for the land sale to be void because Bambalan was a minor at the time and his age was known by the purchasers, Muerong and Maramba.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    243 views1 page

    Bambalan V Maramba and Muerong

    Uploaded by

    Sui
    Bambalan's parents received a loan from Muerong and Maramba in 1915. In 1922, while Bambalan was still a minor, Muerong and Maramba forced him to sell his land that he inherited as payment for the loan by threatening his mother with imprisonment. The court found the contract for the land sale to be void because Bambalan was a minor at the time and his age was known by the purchasers, Muerong and Maramba.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 1

    Case:

    APPELANT: Isidro Bambalan Y Prado

    APPELEE: German Maramba and Genoveva Muerong

    DECIDED: January 30, 1928

    DECISION: Dispositive part of judgment affirmed

    OPINON: J. Street

    Facts:

    Bambalan’s parents Paula Prado and her first husband, Isidro Bambalan Y Calcotura received a loan from Genoveva Muerong and
    German Maramba in 1915.

    Calcotura died leaving Bambalan as the sole heir of his estate.

    In 1922, Muerong and Maramba forced Bambalan, who was at that time, a minor, to sell their land as payment for the loan.

    Bambalan signed, but said that he was forced because they were threatening his mother with imprisonment.

    Muerong and Maramba bought Bambalan’s first cedula to acknowledge the document.

    Important Statutes:

    Civil code, Art. 1327.

    The following cannot give consent to a contract:

    (1) Unemancipated minors;


    (2) Insane or demented persons, and deaf-mutes who do not know how to write. (1263a)

    Civil code, Art. 1390.

    The following contracts are voidable or annullable, even though there may have been no damage to the contracting parties:

    (1) Those where one of the parties is incapable of giving consent to a contract;
    (2) Those where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud.

    Issues:

    1. Whether or not Bambalan sold the land to Maramaba and Muerong

    Court Analysis:

    1. Whether or not Bambalan sold the land to Maramaba and Muerong

    i. Contract has been vitiated to the extent of being void because:


    1. The vendor was a minor.
    2. His age was well known to the purchaser. (Maramba bought plaintiff’s ceedula)
    3. Mercado vs Espiritu CANNOT be applied: Plaintiff did not pretend to be of age.

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