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The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Persons who cannot give consent to a contract may be divided into two categories:
- Persons with absolute incapacity to enter into contracts; and
- Persons with relative incapacity to enter into contracts.
Absolute Incapacity
The Civil Code provides that as a general rule, the following cannot give consent to a contract:
(1) Unemancipated minors;
(2) Insane or demented persons;
(3) Deaf-mutes who do not know how to write;
(4) Persons suffering from civil interdiction; and
(5) Incompetents under guardianship
However, minors and insane or demented persons may be held liable if they give their consent to a contract in the following cases:
- Under Article 1489 of the Civil Code, 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.
- Under Article 1328 of the Civil Code, contracts entered into during a lucid interval are valid.
Relative Incapacity
On the other hand, the Civil Code provides that there are persons who are relatively incapacitated to give consent in certain contracts, as laid down in the following provisions:
Article 1490. The husband and the wife cannot sell property to each other, except:
(1) When a separation of property was agreed upon in the marriage settlements; or
(2) When there has been a judicial separation of property under article 191.
Article 1491. The following persons cannot acquire by purchase, even at a public or judicial auction, either in person or through the mediation of another:
(1) The guardian, the property of the person or persons who may be under his guardianship;
(2) Agents, the property whose administration or sale may have been intrusted to them, unless the consent of the principal has been given;
(3) Executors and administrators, the property of the estate under administration;
(4) Public officers and employees, the property of the State or of any subdivision thereof, or of any government-owned or controlled corporation, or institution, the administration of which has been intrusted to them; this provision shall apply to judges and government experts who, in any manner whatsoever, take part in the sale;
(5) Justices, judges, prosecuting attorneys, clerks of superior and inferior courts, and other officers and employees connected with the administration of justice, the property and rights in litigation or levied upon an execution before the court within whose jurisdiction or territory they exercise their respective functions; this prohibition includes the act of acquiring by assignment and shall apply to lawyers, with respect to the property and rights which may be the object of any litigation in which they may take part by virtue of their profession;
(6) Any others specially disqualified by law.
It is important to note that the aforesaid persons who are absolutely and relatively incapacitated to give consent to a contract are subject to certain exceptions.
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.
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