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Ang Batas, Sa Simpleng Salita — your rights, finally explained.

Article 1358

RA 386 · Civil Code of the PhilippinesKey provision

ELI5— what this means for you

The following must appear in a public instrument (notarized): acts involving real property (sale, donation, mortgage), partnerships with real property contributions, and contracts with antichresis.

Key point

Sale of land must be in a notarized deed — a verbal or unnotarized sale of land is not enforceable.

Official text — RA 386

The following must appear in a public document:

(1) Acts and contracts which have for their object the creation, transmission, modification or extinguishment of real rights over immovable property; sales of real property or of an interest therein are governed by articles 1403, No. 2, and 1405;

(2) The cession, repudiation or renunciation of hereditary rights or of those of the conjugal partnership of gains;

(3) The power to administer property, or any other power which has for its object an act appearing or which should appear in a public document, or should prejudice a third person;

(4) The cession of actions or rights proceeding from an act appearing in a public document.

All other contracts where the amount involved exceeds five hundred pesos must appear in writing, even a private one. But sales of goods, chattels or things in action are governed by articles, 1403, No. 2 and 1405. (1280a)

CHAPTER 4

Reformation of Instruments

(n)

Source: lawphil.net (RA 386 as amended)

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