Civil Law, 2022 Bar — Question I-8

ESSAY

In 2017, Alma orally sold a parcel of unregistered land to the spouses Ray and Shane for Php 500,000.00. Upon receipt of the initial payment of Php 350,000.00, Alma delivered possession of the land to the spouses. Shortly thereafter, Alma died. In order to formalize the sale, Ray and Shane convinced Josie, one of Alma's children, to sign a notarized deed of confirmation of sale. In consideration thereof, Josie received Php 150,000.00 representing the balance of the purchase price. On the strength of the notarized confirmation of sale, the spouses were able to transfer the tax declaration of the property in their names. Later, Josie died. In 2020, the surviving children of Alma discovered the oral sale of the land to Ray and Shane. They demanded the return of the property on the following grounds: (i) the oral contract of sale is void because it does not appear in a public instrument; and (ii) assuming the sale is not void, it is unenforceable under the Statute of Frauds. Ray and Shane insisted that the sale of the land to them was both valid and enforceable. Are the contentions of the heirs of Alma tenable? Explain briefly. (5 points)

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