Dalion vs. CA

FACTS:

Dalion and Sabasaje executed a contract of sale of parcel of land in a private document. Dalion challenged the validity of the sale contending that it was conveyed in a private document but the law requires that it must be in a public document.

ISSUE:

WON the contract of sale is valid?

HELD:

YES. The provision of Article 1358 of the Civil Code on the necessity of a public document is only for convenience, not for validity or enforceability. In this case, the contract of sale was embodied in a private document and it does not affect the validity of the contract. Therefore, the contract of sale is valid.

Digest Credit: Kelly Espera