Minor’s property rights

DearPAO, I inherited a parcel of land and a couple of motor vehicles. Since I am still a minor, I was told that I can not sell and dispose these properties. For sure, the money that I would earn from selling these properties would greatly help us in our daily needs. Thus, I wish to be enlightened if I am indeed not allowed to sell these inherited properties.

Karlo

Dear Karlo,

The answer to your question is found in the provisions of Republic Act 386, otherwise known as the Civil Code of the Philippines. Article 1489 thereof dictates the rule on the capacity to buy or sell in a contract of sale, to wit:

“Article 1489. All persons who are authorized in this Code to obligate themselves, may enter into a contract of sale, saving the modifications contained in the following articles.

“Where necessaries are those sold and delivered to a minor or other person without capacity to act, he must pay a reasonable price therefor. Necessaries are those referred to in article 290.”

Relatedly, Article 1327 of the same law states:

“The Article 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)” (Underscoring supplied)

The above-quoted law dictates that a minor has no capacity to enter a contract of sale except for the necessaries sold and delivered to such minor. In addition to the statutory exception, nonetheless, jurisprudence provides the other instances wherein a minor is still liable to a contract despite the status of minority, viz:

First, in case of estoppel such as in Mercado vs Esp ir itu( GR L-11872, Dec. 1, 1917), penned by former Associate Justice Florentino Torres, when a minor was estopped from disavowing a contract in which he misled his age to the other party:

“The courts, in their interpretation of the law, have laid down the rule that the sale of real estate, made by minors who pretend to be of legal age, when in fact they are not, is valid, and they will not be permitted to excuse themselves from the fulfillment of the obligations contracted by them, or to have them annulled in pursuance of the provisions of Law.”

And second, when the contract was entered with judicial authorization in behalf of the minor as in Ibañes vs Rodriguez, etal. (GR 23153, March 7, 1925, EnBanc):

“Without authority from the court, no person can make a valid contract for or on behalf of a minor or convey away the minor’s interest in land.”

Applying the cited laws and jurisprudence, you do not have the capacity to enter a contract of sale. Consequently, you are not yet allowed to sell the properties that you mentioned.

We hope that we were able to answer your queries. 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.