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Case Digest on Mercado v. Espiritu (Legal Age)

November 11, 2010


Facts: The plaintiffs alleged that as the sole heirs, along with their two sisters, to a 48 hectare tract of land which belonged to their mother the sister of the defendant. The defendant cajoled, induced, and fraudulently succeeded in getting the plaintiffs to sell their land for a sum of P400 as opposed to its original value.  The plaintiffs demand the annulment of the sale, the return of the land, and the remuneration of the thing benefited by the defendant.

According to the Defendant, the plaintiff’s mother had sold a portion of the original land to the defendant for a sum. (instrument exhibit 1)The plaintiff’s father subsequently, mortgaged the remaining parcel to the defendant for a sum to cover his children’s welfare after his wife’s death. (Pacto de retro; instrument exhibit 2) The plaintiffs had alleged themselves of legal age and ratified the absolute and perpetual sale of the land in consideration of the P400 (instrument exhibit 3). Cross-complaint filed for damages due to the malicious and unfounded complaint by the plaintiffs.

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