24/11/2021
A Deed of Sale of Land which is not notarized is VALID between the parties.
As a rule, notarization is not required for validity of contracts. As provided under Article 1356 of the Civil Code, it clearly states that contracts are obligatory, in whatever form they may have been entered into, provided all the essential requisites for their validity are present, namely: (1) consent of the contracting parties; (2) object certain which is the subject matter of the contract; and (3) cause of the obligation which is established.
Furthermore, under Article 1358 of the Civil Code, acts and contracts which have for their object the creation, transmission, modification or extinguishment of real rights over immovable property must appear in a public document; sales of real property or of an interest therein are governed by rules on Statute of Frauds. However, failure to observe the same shall not render the contract invalid.
Also, In order for the contract be binding to third persons, the same should be notarized. Moreover, in order for the Deed of Sale of land be registrable before the Registry of Deeds, the same should be notarized as mandated under Section 112 of the Property Registration Decree (P.D. No. 1529).
