Contract entered into by a minor is voidable and annullable

Contract entered into by a minor is voidable and annullable "I inherited a house and lot from my parents when I was 16 years old. I executed a contract of sale involving the property and delivered it to the new owners in the same year. I am now 28 and working as a bank manager. Can I now return the buyer’s money and recover the house and lot?Pearl Dear Pearl,Based on your narration, it appears that your situation is governed by salient provisions of Republic Act 386 or the “Civil Code of the Philippines,” which state: “Article 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.“These contracts are binding, unless they are annulled by a proper action in court. They are susceptible of ratification. “Article 1391. The action for annulment shall be brought within four years.“This period shall begin:“In cases of intimidation, violence or undue influence, from the time the defect of the consent ceases.“In case of mistake or fraud, from the time of the discovery of the same. “And when the action refers to contracts entered into by minors or other incapacitated persons, from the time the guardianship ceases. xxx” (Emphases Supplied)The contracts entered into by parties incapable of giving consent to a contract such as minors are voidable and annullable. Since minors are incapable of giving consent, there could be no concurrence of consent of the parties as an essential requisite of a contract.In the case of Julian Francisco, et al. vs. Pastor Herrera (GR 139982, Nov. 21, 2002), the Supreme Court through Associate Justice Leonardo Quisumbing defined voidable or annullable contract as one in which “the essential requisites for validity under Article 1318 are present, but vitiated by want of capacity, error, violence, intimidation, undue influence, or deceit.” In relation thereto, Article 1318 of the New Civil Code states that no contract exists unless there is a concurrence of consent of the parties, object certain as subject matter, and cause of the obligation established.The action for annulment of a voidable or annullable contract shall be brought four years from the time the minor has reached the age of majority, or up until the minor has become 22 years old. In your case, you executed the contract of sale and sold the property when you were 16 years old, and now want to recover the property after 12 years. In accordance with the above-mentioned provision, you had only four years from the time you became 18 years old to recover the aforementioned property. Hence, your action to recover such property has already prescribed.We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.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" - https://www.affordablecebu.com/