7/21/2019 Braganza V

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Braganza v. Villa-Abrille105 Phil 456

Facts:

Rosario Braganza and her sons loaned from De Villa Abrille P70,000 in Japanese war notes and in

consideration thereof, promised in writing to pay him P 0,00 ! "# per ann$m in legal c$rrency of the

Philippines " years after the cessation of the war% Beca$se they ha&e no paid, Abrille is s$ed them in 'arch

()(% *he 'anila co$rt of first instance and +A held the family solidarily liable to pay according to the

contract they signed%*he family petitioned to re&iew the decision of the +A whereby they were ordered to

solidarily pay De Villa Abrille P 0,000 ! "# interest, praying for consideration of the minority of the

Braganza sons when they signed the contract%

Issue:

hether or not the boys, who were - and . respecti&ely, are to be bo$nd by the contract of loan they

ha&e signed%

Hel :

*he /+ fo$nd that Rosario will still be liable to pay her share in the contract beca$se they minority of her

sons does not release her from liability% /he is ordered to pay 1 of P 0,000 ! "# interest%

2owe&er with her sons, the /+ re&ersed the decision of the +A which fo$nd them similarly liable d$e to their

fail$re to disclose their minority% *he /+ s$stained pre&io$s so$rces in J$rispr$dence 3 4in order to hold

the infant liable, the fra$d m$st be act$al and not constr$cti&e% 5t has been held that his mere silence when

ma6ing a contract as to his age does not constit$te a fra$d which can be made the basis of an action ofdeceit%

*he boys, tho$gh not bo$nd by the pro&isions of the contract, are still liable to pay the act$al amo$nt they

ha&e profited from the loan% Art% 1)0 states that e&en if the written contract is $nenforceable beca$se of

their non age, they shall ma6e restit$tion to the e8tent that they may ha&e profited by the money recei&ed% 5n

this case, " 1 of P70,00, which is P)-,---%--, which when con&erted to Philippine money is e9$i&alent to

P , --%-7%