Unemancipated minor can’t give consent to a contract

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Persida Acosta

Dear PAO,
My brothers and sisters all agreed to sell a piece of land that we inherited from our parents. One of my brothers is 13 years old, and I wish to know if this will be an issue in case he signs a contract to sell this piece of land.
Sincerely yours,
Zack

Dear Zack,
Under Article 1327 of the New Civil Code of the Philippines, the following cannot give consent to a contract:

“Art. 1327. The following cannot give consent to a contract:

(1)Unemancipated minors


xxx”

Furthermore, Article 1318 of the same law provides that the following are the essential requisites of a contract:

“Art. 1318. There is no contract unless the following requisites concur:

(1) Consent of the contracting parties;

(2) Object certain which is the subject matter of the contract;

(3) Cause of the obligation which is established.”

Hence, it is clear that your brother, a 13-year-old unemancipated minor, cannot give his consent to a contract to sell a piece of land.

According to Rules 93-102 of the Rules of Special Proceedings in the Rules of Court, however, a person may apply to be the legal guardian or guardian ad litem, of your brother, and sign on his behalf.

We find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.

We hope that we were able to enlighten you on the matter.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net.

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