When a minor between eighteen and twenty-one years of age who has entered into a contract without the consent of the parent or guardian, after the annulment of the contract voluntarily returns the whole thing or price received, notwithstanding the fact the he has not been benefited thereby, there is no right to demand the thing or price thus returned.
Kung ang isang menor-de-edad na nasa 18 taong gulang hanggang 21 taong gulang na pumasok sa isang kontrata nang walang pahintulot ang mga magulang o ang guardian, pagkatapos boluntaryong naipasawalang-bisa ang kontrata at ibinalik ang kung anumang natanggap, sa kabila ng hindi pagtanggap ng anumang benepisyo mula sa kontrata, ay walang karapatang magdemanda na ibalik ang kaniyang binalik.
Discussion:
Legal age to enter into contract has now been reduced to 18 years old by virtue of R.A. No. 6809. Thus, this article applies only to persons below 18 years old.
The contract entered into by a minor shall be deemed voidable. If thereafter, the contract was annulled due to his minority but later after reaching the majority age, he voluntarily returned what he received from the other party, he can no longer recover what he had returned. Even if he had not reached the age of majority but returned the whole thing or price he received, he can no longer recover what he returned. The return, however, must be voluntary. Hence, if not voluntary, the minor can recover what he returned or paid. Natural obligation authorizes the retention of what has been delivered or paid.
If the minor actively misrepresented himself to be of legal age, he is estopped from disavowing his own contract.
Case Illustration: Sia Sia vs. Alacantara, 85 Phil. 669 (1950)