Short answer. If you entered a contract while a minor or while legally incapacitated, Article 1391 of the Civil Code starts the four-year annulment period from the time guardianship ceases — not from when the contract was signed. For a minor, that generally means from the time you reach majority.
What the law says
And when the action refers to contracts entered into by minors or other incapacitated persons, from the time the guardianship ceases.
Civil Code, Article 1391 — Four Years to Annul. Read the full provision →
The rule: the clock starts when guardianship ceases
Article 1391 gives different starting points for the four-year annulment period depending on the defect. For contracts entered into by minors or other incapacitated persons, the period does not begin when the contract was signed. It begins from the time the guardianship ceases. The rationale is straightforward: a person who was legally incapable of giving valid consent cannot be expected to assert their rights while that incapacity continues. The law waits until the person is in a position to act independently before starting the clock.
What 'guardianship ceases' means for a minor
For a minor, guardianship in the context of Article 1391 effectively ceases when the minor reaches the age of majority — eighteen years old under current law. At that point, the young adult has the legal capacity to assess the contracts they entered as minors and to decide whether to annul them or affirm them. The four-year period then runs from that date. A minor who signed a contract at age fifteen, for instance, would have until age twenty-two to file for annulment — four years from the time they turned eighteen, not four years from age fifteen.
Incapacitated persons: other forms of guardianship
The same rule applies to persons who are incapacitated not because of age but because of mental condition or other legal disability. 'Guardianship ceases' for these individuals when the legal arrangement governing their affairs ends — for example, when a guardian is discharged because the person has recovered capacity, or when the disability is otherwise removed. Until then, the prescriptive period is held in suspension. The person in that position should not be made to run out of time to assert their rights while the law itself has concluded they cannot adequately protect them.
Ratification can close the door before time runs
Even before the four-year period runs out, an incapacitated person who later gains capacity can ratify the contract — accepting it and giving it full validity going forward. Ratification can be express (a statement or new agreement) or implied by conduct, such as continuing to perform under the contract after reaching majority without objection. Once a contract is ratified, the right to annul it is extinguished regardless of whether the four-year period has elapsed. If you are in this situation — you signed something as a minor and are now of age — getting legal advice promptly will help you understand whether you have already ratified the contract by your conduct.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- First Philippine Holding Corporation vs. Trans Middle East (Phils.) Equities Inc, G.R. No. 179505, December 4, 2009 — read the decision on LawPhil →
- Heirs of Benigno Sumagang, represented by Jesus S. Abellanosa, et al. vs. Aznar Enterprises, G.R. No. 214315, August 14, 2019 — read the decision on LawPhil →
- Metropolitan Fabrics, Inc., et al. vs Prosperity Credit Resources, Inc. et al, G.R. No. 154390, March 17, 2014 — read the decision on LawPhil →
- Maria Cabotaje, et al. vs. Spouses Sotero Pudunan, et al, G.R. No. 134712, August 13, 2004 — read the decision on LawPhil →