Article 1358 does not invalidate the acts or contracts enumerated therein if they are not embodied in public documents; a contract of sale is perfected at the moment there is a meeting of minds upon the thing which is the object of the contract and upon the price. It is a consensual contract which is perfected by mere consent
Article 1358 does not invalidate the acts or contracts enumerated therein if they are not embodied in public documents; a contract of sale is perfected at the moment there is a meeting of minds upon the thing which is the object of the contract and upon the price. It is a consensual contract which is perfected by mere consent
Article 1358 does not invalidate the acts or contracts enumerated therein if they are not embodied in public documents; a contract of sale is perfected at the moment there is a meeting of minds upon the thing which is the object of the contract and upon the price. It is a consensual contract which is perfected by mere consent
JULIO TAPEC and PRISCA GALANO, petitioner, vs. COURT OF APPEALS and LORETO RAGUIRAG, respondents. Evangelista & Evangelista for petitioners. Sylvia R.T. Rubio for private respondent. DAVIDE, JR., J.: As correctly ruled by the Court of Appeals, the said private instrument is a deed of sale in which all the requisites of a valid contract are present and which is binding upon the parties. The trial court erroneously held that it is invalid because it is not in a public document as required by Article 1358 of the Civil Code and pursuant to Manotok Realty, Inc. vs. Court of Appeals. 27 Article 1358 does not invalidate the acts or contracts enumerated therein if they are not embodied in public documents. As one noted civilian has said: This Article enumerates certain contracts that must appear in public or private documents. This provision does not require such form in order to validate the act or contract but to insure its efficacy. It is limited to an enumeration of the acts and contracts which should be reduced to writing in a public or private instrument. The reduction to writing in a public or private document, required in this article, is not an essential requisite for the existence of the contract, but is simply a coercive power granted to the contracting parties by which they can reciprocally compel the observance of these formal requisites. Contracts enumerated by this article are, therefore, valid as between the contracting parties, even when they have not been reduced to public or private writings. Except in certain cases where public instruments and registration are required for the validity of the contract itself, the legalization of a contract by means of a public writing and its entry in the register are not essential solemnities or requisites for the validity of the contract as between the contracting parties, but are required for the purpose of making it effective as against third person. 28 G.R. No. 129103 September 3, 1999 CLAUDIO DELOS REYES and LYDIA DELOS REYES, petitioners, vs. THE HON. COURT OF APPEALS and DALUYONG GABRIEL, substituted by his heirs, namely: MARIA LUISA G. ESTEBAN, MARIA RITA G. BARTOLOME & RENATO GABRIEL, respondents. GONZAGA-REYES, J.: By law 15 a contract of sale is perfected at the moment there is a meeting of minds upon the thing which is the object of the contract and upon the price. It is a consensual contract which is perfected by mere consent. 16 Once perfected, the contract is generally binding in whatever form (i.e. written or oral) it may have been entered into 17 provided the three (3) essential requisites for its validity prescribed under Article 1318 supra, are present.