DALLION V. CA (February 28, 2009)

FACTS:

Petitioner Segundo Dalion allegedly sold his property in Southern Leyte to respondent Ruperto Sabesaje through a private deed of sale.

Dalion denies the sale and claims that his signature in the document was forged.

ISSUE:

WON there has been a contract of sale between the parties.

HELD:

The authenticity of the signature of Dallion was proven by the testimony of several witness including the person who made the deed of sale. Dalion never presented any evidence or witness to prove his claim of forgery.

Dallion’s claim that the sale is invalid because it was not made in a public document is of no merit. This argument is misplaced. The provision of Art. 1358 on the necessity of a public document is only for convenience, not for validity or enforceability. It 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. Sale is perfected upon meeting of the minds of both parties.