Article1327

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)

Ang mga sumusunod ay hindi maaring magbigay ng pagpayag sa isang kontrata:

(1) Unemancipated Minors

(2) Mga taong mayroong sakit sa pagiisip at mga pipi at bingi na hindi marunong mag sulat

Persons Who Cannot Give Consent To A contract. –

1. Unemancipated Minors. – minors below 18 years of age. There are no more unemancipated minors above 18 since the legal age was reduced from 21 to 18. Emancipation by marriage and parental concession had already been eliminated. Children below 18 by themselves being minors cannot enter into valid contracts. However, If misrepresented his age on the contract by stating of his age, and other party was misled, the contract shall be binding upon him on the basis of estoppel.
2. Insane Or Demented Persons. – When a person is insane or demented, his is detached from reality. He does not know what he is doing. He cannot act with legal effects. Consequently, he cannot enter into valid contracts. During lucid intervals, as may happen in rare cases, they may enter into valid contracts because at this moment, they are sane and capable of knowing what they are doing.

Deaf-Mutes. – Not all deaf-mutes are disqualified to give consent to contracts. Only those who do not know how to write are disqualified.

Effects Of Contracts Entered By incapacitated Persons. –

1. The contracts entered into by the incapacitated persons enumerated in the law are not void. They are only voidable if only one party cannot give his consent. But if both parties are incapacitated to give consent, the resulting contract is unenforceable (Art. 1407).

Cases where incapacity may be modified by law, enabling them to give a valid consent:

1. When the contract involves the sale and delivery of necesarries to the minor, he is bound thereby (Art. 1489).

2. When the minor, upon reaching the age of majority ratifies the contract he becomes bound thereby.

3. When the contract is in the form of savings account in the Postal Savings Bank, provided the minor is at least 7 years of age, the same is valid.

4. When the contract is an insurance for life, health and accident, provided tht it be taken on his life and beneficiary appointed is the minor’s estate or the minor’s father, mother, husband, wife, child, brother or sister.

5. Contract when minor misrepresented his age and convincingly led the other party to believe in his legal capacity.

Example:

Nena a 7yr old girl bought some lollies in 8-eleven. The sale is valid even if Nena is a minor.