Superseded in part. The age of majority assumed by this article is no longer 21. Republic Act No. 6809 lowered it to eighteen, so the class of unemancipated minors below is narrower than the text suggests. The article's language about deaf-mutes who cannot write also predates present usage and present law on capacity. The text is reproduced as enacted, for reference only.
Text of the provision
Art. 1327. 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)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
The following cannot give consent: unemancipated minors, and insane or demented persons and deaf-mutes who do not know how to write. Contracts they enter are voidable or unenforceable.
Questions about this provision
Related provisions
- Article 1326 — Advertisements for Bidders.
- Article 1328 — Lucid Intervals; Drunkenness; Hypnosis.
Cases citing this article
- Samahan ng Magsasaka sa San Josep, et al. vs. Marietta Valisno, et al, G.R. No. 158314, June 3, 2004 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.