Article 1426

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)

 

Article 1427

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, voluntarily pays a sum of money or delivers a fungible thing in fulfillment of the obligation, there shall be no right to recover the same from the obligee who has spent or consumed it in good faith.

Kapag ang menor de edad na nasa pagitan ng labing walo at ng dalawampu’t isang taong gulang, na pumasok sa pakikipagkasundo o sa kontrata na walang pahintulot ng magulang o ng tagapag-alaga, ay kusang loob na nagbayad ng buo o nagdala ng isang bagay upang punan ang obligasyon, wala na syang karapatan na mabawi ito mula sa nagpautang na gumastos o komunsumo noon na nasa mabuting kalooban.

If the minor under 18 entered into a contract without parental or guardian’s consent the contract is obviously voidable and if the contract is annulled, the court may order the restoration of what had been paid or delivered by the minor.

Note: There is no case indicated on this article.         

Illustration:

A 19 years old girl named Juanita entered into a contract with Juanito for the construction of a small café shop in Laguna, then after the construction is already finished she paid Juanito the total amount of Php 100,000.00 without the consent of her parents or her guardian therefore she can no longer recover the amount of the money that she paid even without the consent of her guardian because according to Art. 1427 “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, voluntarily pays a sum of money or delivers a fungible thing in fulfillment of the obligation, there shall be no right to recover the same from the obligee who has spent or consumed it in good faith.”

Article 1428

When, after an action to enforce a civil obligation has failed the defendant voluntarily performs the obligation, he cannot demand the return of what he has delivered or the payment of the value of the service he has rendered.

Kung pagkatapos ng pagkilos na ipatupad ang isang pananagutan sibil ay nabigo, ang nasasangkot ay kusang loob gumawa ng pagtupad ng kanyang obligasyon, hindi na nya maaring hingin isauli / ibalik sa kanya ang anu man naibigay na niya o ibinayad na halaga ng serbisyo na kanyang ginawa.

In the ordinary course of human interactions, a party defendant who won his case will be very glad about his legal victory because he is freed form the liability imputed against him.

Nevertheless, if the winning party paid the losing party despite his knowledge of dismissal of the latter’s claim, what has been voluntarily delivered or paid by the former to the latter cannot be recovered anymore. The retention is authorized by law as a fulfillment of a natural obligation.