Publisher's Note

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WHAT KIND OF PERSONS CANNOT GIVE CONSENT TO A CONTRACT?

-Atty. Ferdie Aguirre

(About the writer: G. Ferdinand (Ferdie) Aguirre has more than 20 years of combined experience as a legal professional in the Philippines and in Canada. After graduating from the Ateneo de Manila College of Law in 1987 and passing the Bar given that year, he has held the following positions in the Philippine Corporate world: Asst. Senior Vice President of the Philippine National Bank, Senior Manager of the Law Division of the Metropolitan Bank & Trust Company and as Chief Legal Counsel of Unibancard. His private practice included having successfully handled several major cases and being included in the Philippine case books. Ferdie Aguirre was also a professor of Political Science and Business Law before migrating to Ontario Canada in 2005 where worked as a Paralegal. He is presently a Court Agent & a Commissioner of Oaths in Alberta and is now working on his admission to the Alberta Bar. Ferdie Aguirre may be reached at (403) 6131168 /403 4747168 or at [email protected]).

WHAT KIND OF PERSONS CANNOT

GIVE CONSENT TO A CONTRACT?

Joey is the son of a wealthy businessman from Guagua Pampangga. Aside from his passion of collecting vintage sportscars, Joey desperately wanted to become a lawyer. It was not surprising that after graduating from college, he took up law to pursue his lifelong dream. All seemed well at the start, however on his second semester , he started having problems with his with long time girlfriend Marivic. Apparently, Marivic has missing attention that Joey used to shower her in their college days which unfortunately, he could no longer give because of the demands of his law studies. Because of this, Marivic demanded a cool off from their relationship, and started dating Luisito, a good for nothing bum who, after his 7 years in college, has not finished a single course.

Going home one night from law school, Chito decided to pass by Marivic’s house in order to get a glimpse of his girlfriend. What he saw gave him the shock of his life, as he saw Marivic kissing Luisito in his parked car. The days that followed showed a drastic change in Joey. He started neglecting studies and because of this, his grades took a nosedive and eventually he was kicked out of law school. Losing Marivic and his shattered dream of becoming a lawyer was too much for Joey that he began to lose his mind. Joey started wandering about in public in his underwear and talking to walls. Alarmed by his behaviour, Joey’s father had him treated in secret by the best psychiatrists in Manila. Learning about Joey’s condition, Victorino another sportscar collector, hatched a plan to acquire Joeys collection of rare cars. Approaching Joey one day, Victorino made Joey sign a deed of sale of the best cars in Joey’s collection on the promise that he will convince Marivic to welcome him back. Joey immediately signed the contract.

The next day, Victorino went to Joey’s garage to get the cars. Fortunately, the guard called Joey’s father who refused to release the vehicles.

Victorino went to court claiming that Joey was bound by the contract he signed.

IS JOEY BOUND BY THE CONTRACT HE SIGNED?

Joey is not bound by the contract.

There are 3 elements in a contract as provided for under Art 1318 of the Philippine Civil Code:

(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. (1261)

In the instant case, Joey because of his mental condition could not have given a valid consent hence there is no contract to speak of. The Art 1327 of the Civil Code is clear on this matter and we quote

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)

From the above, Victorino cannot enforce the contract.

(Legal Disclaimer: This article is designed for general information only. The information presented at this site should not be construed to be neither formal legal advice nor the formation of a lawyer/client relationship.)

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