Dalion vs.

CA 182 scra 872 1990 Facts: Sabesaje sued to recover ownership of a parcel of land, based on a private document of absolute sale, allegedly executed by Dalion, who, however denied the fact of sale, contending that the document sued upon is fictitious, his signature thereon, a forgery, and that subject land is conjugal property, it having been acquired by himself and his wife from Saturnina Sabesaje. hey admitted having administered a lot belonging to the grandfather of Sabesaje. hey further allege that they never received their commission in the administration of the lot, thus according to Sps. Dalion, Sabesaje!s suit is merely intended to preempt and forestall their threat to sue for the unpaid commissions. "ggrieved by the trial court!s decision, Dalion appealed to the #". he #" upheld the validity of the sale based, among others, on the testimonies of the people who witnessed the execution of the subject deed. $ssue: %&' the sale is valid considering that such was executed in a private document. (eld: )es, the sale is valid. "ssuming authenticity of his signature and the genuineness of the document, Dalion nonetheless still impugns the validity of the sale on the ground that the same is embodied in a private document, and did not thus convey title or right to the lot in question since *acts and contracts which have for their object the creation, transmission, modification or extinction of real rights over immovable property must appear in a public instrument*. his argument is misplaced. he provision of "rt. +,-. on the necessity of a public document is only for convenience, not for validity or enforceability. $t is not a requirement for the validity of a contract of sale of a parcel of land that this be embodied in a public instrument. " contract of sale is a consensual contract, which means that the sale is perfected by mere consent. 'o particular form is required for its validity. /pon perfection of the contract, the parties may reciprocally demand performance 0"rt. +12-, '##3, i.e., the vendee may compel transfer of ownership of the object of the sale,

and the vendor may require the vendee to pay the thing sold 0"rt. +1-., '##3. he trial court thus rightly and legally ordered Dalion to deliver to Sabesaje the parcel of land and to execute corresponding formal deed of conveyance in a public document. " sale of a real property may be in a private instrument but that contract is valid and binding between the parties upon its perfection. "nd a party may compel the other party to execute a public instrument embodying their contract affecting real rights once the contract appearing in a private instrument has been perfected 0See "rt. +,-23.